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Paris Miki Australia Pty Limited which operates the Paris Miki optical stores across Australia has offered a section 87B court enforceable undertaking to the ACCC following its supply to consumers of sunglasses that failed to comply with the labelling requirements of 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, Paris Miki supplied various brands of sunglasses some of which contained no labelling and accordingly were deficient of information as to the lens category number, the corresponding lens category description and the manufacturer or supplier’s identification required under the Standard.
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.
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