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Eternal Design Pty Ltd distributed to retailers 94 bunk beds under the description ‘Fantasy Bus’ which did not comply with the mandatory product safety standard for bunk beds.
The bunk bed failed to comply with the Australia/New Zealand Bunk Bed Standard because of potentially hazardous gaps in the construction of the bunk bed and a guard rail with an opening that was too wide.
Eternal Design has provided court enforceable undertakings to the ACCC that it will:
refrain from supplying any bunk beds that do not comply with the mandatory consumer product safety standard; and
implement a trade practices compliance program with a focus on product safety.
Pillow Talk Pty Ltd (Pillow Talk), importer and retailer of 'Pillow Talk' brand quilts, has acknowledged that the 100% goose down content claims it made for its 'Pillow Talk' brand quilts were false and liable to mislead consumers in likely contravention of the TPA.
ACCC testing of a sample of 'Pillow Talk' brand quilts represented to contain 100% goose down, showed that the quilts contained in the range of 71% - 76% goose down, significantly less goose down than the represented 100%.
Pillow Talk advised the ACCC that its 100% goose down content claims were made in reliance on the labelling percentage tolerances allowed in Australian Standard 2479-1987 ('Down and/or feather filling materials and filled products') and that it had not intended to mislead or deceive consumers.
Pillow Talk has undertaken to:
refrain in future from making any down content claim for its 'Pillow Talk' or other own-brand down products unless the claim can be substantiated by independent testing on its finished down product where the manufacturing process has been completed; and
implement a trade practices compliance program for Pillow Talk employees and other persons involved in its business.
Domayne Pty Ltd (Domayne), supplies 'Domayne Essentials' brand down quilts in its retail stores in Australia.
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