92 results, showing 61 to 80
Fossil Retail Stores (Australia) Pty Ltd the business that operates Fossil stores nationally in Australia has offered a section 87B court enforceable undertaking to the ACCC following its supply to consumers of sunglasses and fashion spectacles that failed to comply with the mandatory consumer product safety standard prescribed under the Trade Practices Act 1974 (the Act), namely AS/NZS 1067:2003 Sunglasses and fashion spectacles (the Standard).
Specifically, Fossil supplied both sunglasses and fashion spectacles that, despite including a lens category number indelibly marked on the arms, failed to include the corresponding lens category description required under the Standard on labelling attached to or otherwise indelibly marked on each sunglasses / fashion spectacles’ frame.
J L Footwear Pty Ltd trading as Nine West (Nine West), retailer of shoes and accessories such as handbags and sunglasses, has admitted to supplying sunglasses that failed to comply with both the labelling and performance requirements of the mandatory consumer product safety standard based on AS/NZS 1067:3003 sunglasses and fashion spectacles (the Standard).
Specifically, Nine West supplied sunglasses that were not labelled with the lens category number and corresponding description.
De Longhi Australia Pty Ltd (De Longhi), importer, distributor and supplier of electrical appliances, has admitted to making representations that its portable airconditioning products are "environmentally friendly" and contain "non-harmful gases" when this is not the case.
De Longhi has provided court enforceable undertakings to the ACCC that it will
refrain from making false or misleading representations contrary to Part V of the TPA, particularly sections 52, 53(aa) and 53(c); and
implement a trade practices compliance program for De Longhi employees and other persons involved in its business.
Trading Post Australia Pty Ltd (Trading Post) is a wholly owned subsidiary of Sensis Pty Ltd (Sensis). Trading Post operated, and since May 2007 Sensis operates, the website www.tradingpost.com.au (Trading Post website).
Jayco Corporation Pty Ltd (Jayco) is a manufacturer of caravans.
From about May 2007 to October 2007, Richard Alexander Roberson, trading as Backpacker Employment Services (BES), published or caused to be published, advertisements in a variety of media offering fruit picking jobs.
Mr Roberson represented that:
fruit picking jobs were available in a variety of locations, including the Taree area of New South Wales and in Queensland;
he could supply fruit picking jobs to unemployed persons if they agreed to pay for a 6 month subscription at a cost of $50 or a 12 month subscription for $100 with BES;
he could guarantee employment to his subscribers for the length of their subscription;
he had between 200 and 300 fruit picking jobs available at Moorland Orchard, that these jobs were available from July 2007, that accommodation was available and that the rate of pay would be $16 per hour.
ACCC enquiries revealed that insofar as the representations were in respect of future matters, Mr Roberson did not have reasonable grounds for making the representations.
In particular, Mr Roberson had no arrangement with Moorland Orchard whereby that business would provide employment to any fruit pickers referred to it by Mr Roberson.
The ACCC has accepted court enforceable undertakings from A. Giumelli & Sons (1989) Pty Ltd for breaches of the Horticulture Code of Conduct (Code), a mandatory industry code under the Trade Practices Act 1974.
A.
Natur-all Pty Ltd trading as Go Natural has given court enforceable undertakings under section 87B of the Trade Practices Act 1974 to the ACCC, after it raised concern that the overall impression created by the labelling and packaging of the following products may be misleading.
Go Natural berry pieces in yoghurt
Go Natural apricot pieces in yoghurt
as packaging representations may have implied that the products were unprocessed berry and/or apricot pieces coated in yoghurt, when in fact the product is a ball made from a fruit-based mixture consisting predominantly of fruit concentrate (approx 35%), sugar (approx 30%) and semolina (approx 30%) coated in yoghurt.
Jinlong Shen is a director of ATI Enterprise Pty Ltd (ATI), an importer and distributor of products sold on its eBay store Oz-Mall the Best Store.
Recently ATI supplied a number of cots in Australia that did not comply with the mandatory product safety standard for cots for household use AS/NZS 2172:2003.
Jinlong Shen provides this court enforceable undertaking to the ACCC in addition to the Undertakings offered by ATI and its directors on 11 March 2008, in which they will:
recall the cots sold and provide a refund to consumers;
ensure all future products sold by ATI will comply with the relevant mandatory product safety standards; and
publish a public disclosure notice on its eBay website.
The mobile phone retailer Mobile World Operating Pty Ltd (trading as Crazy John's) has admitted to making misleading or deceptive representations regarding certain of its Crazy Phone Plans.
Crazy John's represented that handsets on these plans were "FREE*" or "$0*" when customers effectively paid for the handsets through inflated call rates.
Crazy John's has provided court enforceable undertakings to the ACCC that it will notify consumers on the affected plans of the existence of compensation, refrain from advertising $0* or FREE* handsets in a misleading manner, implement a trade practices compliance program and pay a portion of the ACCC's legal costs in the matter.
Pacific Magazines Pty Ltd the publisher of Marie Claire a woman’s fashion magazine has given court enforceable undertakings under section 87B of the Trade Practices Act 1974 to the ACCC, in relation to the supply of fashion sunglasses which failed to comply with the prescribed mandatory standard based on AS/NZS 1067:2003 Sunglasses and fashion spectacles.
The sunglasses (available with black or brown frames) were supplied as a free gift with the February edition of Marie Claire, complementing the magazines ‘sunsmart campaign’.
It was apparent that the sunglasses initially failed the labelling requirements of the standard as they did not display the identity of the manufacturer, the lens category number, and applicable lens description.
This undertaking relates to two instances of conduct by Australian Discount Retailing (Trading) Pty Ltd (ADRT).
Firstly ADRT supplied two models of bunk beds through "The Warehouse-Where Everyone Gets a Bargain" ("The Warehouse") that may not have complied with a number of the requirements of the prescribed consumer product safety standard for bunk beds based on AS/NZ 4220:1994 Australian/New Zealand Standard Bunk Beds.
ADRT conducted an immediate voluntary recall of the bunk beds after concerns of possible non compliance were raised with it by the ACCC.
The bunk beds raised three areas of concern - the dimensions of the access opening on the upper level guard rail, the absence of a warning label advising of the maximum permitted mattress height to be used on the upper level and, the height of the corner posts exceeding that allowed by the standard.
ADRT also supplied a military toy play set through The Warehouse, Go-Lo Discount Stores, Crazy Clark's and Makro Warehouse discount variety stores.
In this case the ACCC issued an advisory alert notice regarding the potential hazard prior to testing being undertaken. The results of testing conducted on behalf of the ACCC revealed a lead content in the paint exceeding that permitted by the banning order.
ADRT acted promptly in both instances by ceasing supply and commencing a consumer product safety recall.
Fertility Solutions Sunshine Coast Pty Ltd (Fertility Solutions) has admitted to the inappropriate use of two testimonials in an advertising feature published in the Bundaberg and Region News Mail newspaper, promoting its fertility treatment services in the Bundaberg region.
Fertility Solutions misrepresented that the testimonials had been written by its own patients living in the Bundaberg region when in fact the individuals described in the testimonials had never received treatment from Fertility Solutions and one of the testimonials had been provided to IVF Sunshine Coast Pty Ltd in 2001 by patients of that practice.
Fertility Solutions has provided court enforceable undertakings to the ACCC that it will ensure all future advertising complies with the TPA and in particular will not contain testimonials which are not genuine;
that it will place corrective advertising in the Bundaberg and Region News Mail within 21 days of the undertaking coming into effect; and
that it will implement and maintain a trade practices corporate compliance program for Fertility Solutions employees and officers.
Captain Choppers Pty Ltd (Captain Choppers) trading as Red Dot Stores has provided court enforceable undertakings to the ACCC after one of the products sold by Red Dot Stores did not comply with a mandatory consumer protection notice.
On 17 September 2007 a ban on products containing accessible materials with a lead migration of more than 90 milligrams per kilogram was introduced under Consumer Protection Notice No.
ATI Enterprise Pty Ltd (ATI) is an importer and distributor of products which it sells on its eBay store Oz-Mall the Best Store.
Recently ATI supplied a number of cots in Australia that did not comply with the mandatory product safety standard for cots for household use (AS/NZS 2172:2003).
ATI and its directors have provided a court enforceable Undertakings to the ACCC that it will:
recall the cots sold and provide a refund to consumers;
ensure all future products sold by ATI will comply with any relevant mandatory product safety standards; and
publish a public disclosure notice on its eBay website.
In order to improve its ability to comply with its obligations under the Trade Practices Act 1974 in the future, ATI and its directors also undertook to implement and maintain a trade practices compliance program for a period of three years.
Rural Network Pty Ltd is a Tweed Heads based company offering membership services to the public for introduction services.
The ACCC instituted proceedings against Rural Network and its Director Leanne McDonald alleging they:
represented that a woman in a higher membership category had been identified for a member, and that the member would be introduced to that person when they paid an additional sum to be placed in the same higher category, when no such woman had been identified;
represented that a member would be given access to other member’s profiles in a special section of the website by paying an additional sum when in fact there was no such section of the website;
represented that a liability had been incurred by a member and that further introduction services could not be provided until that amount was paid when this was not the case; and
represented that a discount on the membership fee given to the member when they joined was given in error or without required approval and that further introduction services could not be provided until that amount was paid.
In resolving the court proceedings Rural Network and Ms McDonald have consented to court orders for declarations, injunctions and cost and have also undertaken to:
provide refunds to former members totalling $118,476;
provide copies of Court orders made in the Federal Court to certain existing and new members;
attend Trade Practices training; and
develop a complaints handling system.
Update:
In July 2008 the ACCC took further Court proceedings to have this Undertaking enforced, following non-compliance.
The ACCC took Federal Court action against EDirect Pty Ltd (trading as VIPtel) following complaints from remote indigenous communities in the Northern Territory that VIPtel were selling mobile phone plans in areas without the relevant network coverage.
The Federal Court found EDirect had breached the Trade Practices Act.
Claims made by VIPtel included:
calls to any mobile or landline would be charged at the cost of a local call;
customers would pay no more than a capped monthly fee;
the mobile phones could be used to send pictures and access the internet without additional charges;
a customer would be able to terminate the plan at any time at no additional charge; and
network coverage was available Australia-wide.
In addition to the consenting to Orders being made by the Federal Court, EDirect Pty Ltd provided the ACCC with an Undertaking to refund customers identified as living in areas of Australia with no Optus GSM Network coverage.
On 4 March 2008, the ACCC accepted the undertaking of Mr Leith Wayne Hunt, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Leith Wayne Hunt agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
Erceg Holdings Pty Ltd traded with growers without Horticultural Code of conduct complainant contracts in place and offered growers "Farm Produce Supply Agreements(contracts) that did not meet the minimum mandatory requirements of the
Tasti Products Limited a New Zealand based company has given court enforceable undertakings under section 87B of the Trade Practices Act 1974 to the ACCC after it raised concerns that the overall impression created by the wording and pictorial images used on Weight Watchers cereal bar packaging may be misleading.
The products are manufactured and sold by Tasti Products Ltd under the Weight Watchers brand.
The ACCC was concerned that the packaging representations implied that the following products contained a significant amount of some individual fruits, when the ingredients listed the individual fruits at around 1% -1.5% of the total product.
Strawberry and Raspberry Duo fruit cereal bars
Raspberry Pie fruit cereal bars
Apricot Pie fruit cereal bars
Fruit of the Forest fruit cereal bars
Tasti Products Limited has undertaken to:
amend the packaging of the identified 'Weight Watchers' fruit cereal bars;
publish a corrective notice in a Saturday edition newspaper in each Australian State and Territory;
publish a corrective notice on its website www.tasti.co.nz;
review and implement changes to its Trade Practices law compliance program.
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