136 results, showing 101 to 120
The LaManna Group companies (LaManna Bananas Pty Ltd, Verona Fruit Pty Ltd and LaManna Bananas (Adelaide) Pty Ltd), acting as horticulture produce agents, occasionally sold growers’ produce between their companies, as part of their distribution of produce across national markets.
The ACCC raised concerns that these transactions were not at arm's length and that the companies may not have, in every case, properly obtained growers' consent, as required under the Horticulture Code of Conduct.
LaManna Bananas Pty Ltd, on behalf of the LaManna Group companies, has undertaken that it will:
advise potentially affected growers of the ACCC's concerns
establish a special process to deal with any growers who raise concerns about sales of their produce
report to the ACCC on any grower's complaint that it could not resolve under that process, and
implement a trade practices compliance program to help it avoid future code breaches.
Sanjay Goel trading as Pacific ImpExp Services, an importer and retailer of furniture, electronics and toys, has acknowledged that he has contravened s65C of the Trade Practices Act by supplying two models of bunk beds, 'Model AB107' and ' Model LB70C', which did not meet the requirements of the mandatory standard for bunk beds.
The 'Model AB107' bunk bed did not have a barrier around all sides of the bed which may cause a roll-out hazard.
The 'Model AB107' and 'LB70C' bunk beds had openings in the guardrail which may cause a fall-through hazard, gaps in the guardrail which could cause an entrapment hazard, and did not display the required maximum mattress height warning and supplier identification labels.
Sanjay Goel has provided court enforceable undertakings to the ACCC that for a period of three years he will not supply bunk beds that do not fully comply with the mandatory standard for bunk beds and will establish and implement a trade practices compliance program.
National telecommunications service provider Dodo Australia Pty Ltd has given a court enforceable undertaking in resolution of ACCC concerns.
Between December 2007 and March 2009 Dodo published on its website, in connection with the outright sale of handsets and other hardware product, the statement: “No refunds will be given on purchases”.
Between October 2008 and March 2009 Dodo also caused to be published on its website, and broadcast on television at various times between October and December 2008, advertisements for its ‘$29.90 Mobility Cap Plan’, ‘Free Fuel’ and ‘Cash Offer’ 24 month mobile cap plans (the "Free Offer Plans") that included representations to the effect consumers would receive specified goods or cash for free or at no cost when they signed up to the relevant 24 month Free Offer Plan. An investigation by the ACCC revealed Dodo offered comparable mobile cap plans (in included value and services) at a cheaper monthly fee without the free goods and cash.
The ACCC was concerned that by engaging in the above conduct Dodo likely contravened the misleading or deceptive conduct, false or misleading representation and offering of gifts or other free items provisions of the TPA.
The undertakings given by Dodo include it:
writing to the consumers affected by the conduct;
paying refunds to consumers;
reducing the monthly fee for each of the free offer plans; and
implementing and maintaining a revised trade practices compliance program.
Jarvis Walker Pty Ltd is a wholesaler of fishing rods and tackle, marine accessories and camping equipment to boating, fishing, sports and camping retailers and distributors in Australia and internationally. Its products are marketed under a number of brands, including Jarvis Marine.
In a section 87B undertaking accepted by the ACCC, Jarvis Walker acknowledges that it contravened section 65C(1)(a) of the Trade Practices Act 1974 by supplying elastic luggage straps without a warning label as required by regulation 11C of the Trade Practices (Consumer Product Safety Standards) Regulations 1979.
The non-compliant products were supplied between 25 October 2005 and 12 December 2008 to numerous traders across Australia for retail sale to consumers or for further distribution.
Jarvis Walker voluntarily published product safety recall notices in three publications between 27 December 2008 and February 2009, and used its best endeavours to ensure that retailers of the product displayed a copy of the product safety recall notice in stores for two months. Jarvis Walker has since decided to permanently remove the product from its product line.
Under the court enforceable undertaking Jarvis Walker has agreed to ensure that each product it supplies complies with any relevant consumer product safety standard, and to implement a Trade Practices Compliance Program.
On 30 April 2009, the ACCC accepted the undertaking of Mr Richard Lim Cherng Yih, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Yih agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
Narnia Investments Pty Ltd (Narnia) and its sole director, Mr Simon Clarke (Mr Clarke), have provided a s87B Undertaking to the ACCC in conjunction with the settlement of civil court proceedings taken against them by the ACCC.
Narnia and Mr Clarke were found by the Federal Court to have engaged in misleading and deceptive conduct pursuant to section 52 of the Trade Practices Act.
Injunctions were imposed by the Federal Court against Narnia and Mr Clarke.
Mr Clarke was also ordered to undertake trade practices law compliance training.
The conduct concerned Narnia (which formerly controlled Advanced Hair Studio in Hobart) and Mr Clarke making false and misleading representations regarding a vulnerable consumer's right under his contract with Advanced Hair Studio Hobart to terminate the contract and obtain a refund of his deposit monies.
Under the terms of the consumer's $15,500 hair replacement contract with Advanced Hair Studio Hobart, the consumer was entitled to terminate his contract and to receive a refund of his deposit monies in circumstances where no hair treatment had actually commenced.
The s87B Undertaking provided by Narnia and Mr Clarke requires them to pay the affected consumer the $5,000 balance of $10,000 damages previously agreed between the ACCC and Mr Clarke ($5,000 has already been paid) and to refund the consumer his $1,800 deposit.
The Undertaking also requires Narnia and Mr Clarke to pay the ACCC's legal costs in the sum of $12,785
Colin Thompson (ABN 27 120 308 204) is a supplier and retailer of a wide range of tobacco products which it retails directly to consumers through his store within the Darwin CBD.
As part of his product range, Mr Thompson sold retail tobacco products.
These products are subject to a prescribed consumer product information standards outlined in the Trade Practices (Consumer Product Information Standards)(Tobacco) Regulations 2004.
The retail tobacco products supplied by Mr Thompson had an adhesive label affixed to the package which obscured the prescribed consumer product information being that of the Quitline logo and number along with the mandatory graphic and health warning.
The ACCC was concerned that the obscuring of these health warnings was not in the public interest as the purpose of this information is to promote quit smoking campaigns and to increase customer knowledge of the health effects of smoking.
Following this advice Mr Thompson removed the sticker obscuring the health message from the effected retail tobacco products.
On 22 April 2009, the ACCC accepted the undertaking of Manoj Kumar Patnaik, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Manoj Kumar Patnaik agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
In addition, Manoj Kumar Patnaik must immediately resign from all positions within Toll, and take no further part in the company if he ceases to meet the requisite standards of independence.
The undertaking is associated with the fifth variation, accepted by the ACCC on 18 April 2007, to the undertaking given by Toll to the ACCC on 11 March 2006.
Kogan Technologies Pty Ltd (Kogan) is an online retailer of Kogan branded home entertainment products through its website, www.kogan.com.au.
In November 2008, Kogan, through its website and an advertisement in the Herald Sun (Melbourne) made representations to the effect that various Kogan products were 'Now only $X (Save Y%)' and consumers could 'Save over $X' on several Kogan products.
The ACCC raised concerns that these savings were not genuine as Kogan had never previously advertised or sold these products at the higher non-sale price.
During June 2007 to February 2009 M2 Telecommunications represented on its Simply Mobiles website to the effect that:
M2 Telecommunications was not required to provide refunds and mobile phone manufacturers were responsible for all warranty claims on mobile phones sold through the Simply Mobiles website. The ACCC was concerned that the warranty representations may have misled consumers because express warranties offered by mobile phone manufacturers are in addition to, and not in the place of, the statutory rights available to consumers under the Act. These statutory rights entitle consumers to a refund from a retailer in certain circumstances and cannot be excluded;
preconfigured software will not have an impact on a customer’s ability to use the mobile phone on any other compatible Australian mobile network. The ACCC was concerned that the preconfigured software representations may have misled consumers because the existence of preconfigured software does or could have such an impact in certain circumstances; and
certain mobile phones sold through the Simply Mobiles website were compatible with all Australian 3G networks. The ACCC was concerned that the network representations may have misled consumers because those mobile phones were not compatible with Telstra's NextG network.
M2 Telecommunications has acknowledged the ACCC’s concerns that consumers may have been misled and deceived by the representations in contravention of sections 52, 53(c) and 53(g) of the Act.
M2 Telecommunications has offered the ACCC a section 87B undertaking that it will:
not make similar representations in the future;
offer affected consumers redress in the form of replacement mobile phones or refunds;
publish a corrective notice on its website;
publish an information article in a telecommunications industry journal; and
review and maintain its Trade Practices Compliance Program.
Coast to Coast Imports Pty Ltd is an importer and wholesaler of consumer products and supplies to retail outlets throughout Australia.
In October 2008, as part of marketplace monitoring, ACCC staff purchased a packet of elastic luggage straps (“6 Pce Stretch Cord 12’18’24) from a retail outlet located in Perth.
Natural Products of Australia Pty Ltd (Natural Instinct) is a manufacturer, wholesaler and distributor of a hair and skin care products, and household cleaning products.
Natural Instinct has acknowledged that it may have breached sections 52, 53(a), 55 and 65D of the Trade Practices Act 1974 (the Act) in the labelling of some of its products and in brochures distributed by Natural Instinct.
In particular, until on or about 30 June 2008:
Natural Instinct did not include sodium laureth sulphate (plant derived), cocamide DEA, cetrimonium chloride and citric acid as ingredients on the labels of some of its products, as required by the Trade Practices (Consumer Product Information Standards) (Cosmetic) Regulations 1991 (the Standard).
Natural Instinct did not list ingredients in the order required by the Standard.
Natural Instinct did not correctly name certain chemicals and ingredients, as required by the Standard.
The ACCC also expressed concern that statements by Natural Instinct that its products are “made with/from 100% pure oils and certified organic herbs” may be misleading or deceptive because they imply that the products contain significant amounts of herbs and oils, when certain products only contain 0.2% to 0.6% of herbs and oils.
The ACCC considers that this conduct may breach sections 52, 53(a) and 55 of the Act. While Natural Instinct does not admit that this conduct breaches the Act, it has amended the representations to state that the products “contain” pure essential oils and organic herbs.
Under the court enforceable undertaking Natural Instinct has agreed to place corrective notices; cease the contravening conduct; provide refunds to affected customers; and to implement a Trade Practices Compliance Program.
Coca-Cola South Pacific Pty Ltd is responsible for marketing and technical services for Coca-Cola products within Australia. The company is ultimately owned by The Coca-Cola Company.
Designer Direct (SA) Pty Ltd (Designer Direct) proposed a Variation to the section 87B undertaking accepted by the ACCC on 5 October 2007.
The undertaking related to false and misleading down content claims made by Designer Direct for its 'Mahogany Summer' and 'Mahogany Winter' quilts.
The undertaking included a requirement that Designer Direct implement a trade practices compliance program with annual trade practices compliance training to be provided to all officers, employees and other persons involved in Designer Direct's business whose duties could result in them being concerned with conduct that may contravene sections 52, 53(a) and 55 of the TPA.
The annual trade practices compliance training is to be provided by a suitably qualified compliance professional or legal practitioner.
The Variation amends Designer Direct's trade practices compliance training obligation by limiting the category of Designer Direct staff required to receive the annual training to senior staff, namely, "all directors and managers" instead of the broader "all officers, employees and other persons".
Sontax Australia (1988) Pty Ltd (Sontax) carries on business as an importer and wholesale supplier of hardware goods including elastic luggage straps packaged under the Sontax brand.
Between 27 July 2008 and 25 August 2008 Sontax supplied Sontax branded elastic luggage straps packaged as a ’12 PIECE ELASTIC LUGGAGE STRAP ASSORTMENT’ with the product code 91830 (Sontax Straps).
The Australian Competition and Consumer Commission (ACCC) is responsible for ensuring compliance with prescribed consumer product safety standards under the Trade Practices Act 1974 (TPA).
There is a prescribed consumer product safety standard for elastic luggage straps (Mandatory Standard) that applies to an elastic strap or cord having a hook, buckle or other fastening device at each extremity and which is designed to be used for the purpose of securing luggage or other objects.
The Mandatory Standard requires an elastic luggage strap to have permanently attached a label bearing the following warning (Warning Label);
WARNING.
On 12 September 2006 the Australian Competition and Consumer Commission (ACCC) accepted an undertaking given by Black & Decker (Australia) Pty Ltd pursuant to section 87B of the Trade Practices Act 1974. The undertaking requires Black & Decker for a period of 3 years refrain from making any representation to the effect that certain products it supplies are "Australian Made", "Made in Australia" or originate from Australia if that is not in fact the case.
The undertaking also requires Black & Decker to establish and implement a Trade Practices Compliance Program in accordance with the requirements set out in the ‘Annexure A’.
Between late 2006 and September 2008 Black & Decker supplied certain Powerfile sanding belts (the Powerfile belts) in packaging which included the representation ‘Made in Australia’ when in fact those Powerfile belts were made in Germany.
The ACCC is concerned that by representing that the Powerfile belts were ‘Made in Australia’ (the Representation) in circumstances where the Powerfile belts were not substantially the result of manufacturing processes carried out in Australia Black & Decker has engaged in conduct and made representations in breach of sections 52, 53(a), 53(eb) and 55 of the TPA and contravened paragraph 14(a) of the undertaking.
Black & Decker acknowledges acknowledges that by supplying the Powerfile belts with the representation ‘Made in Australia’ when they were not substantially transformed in Australia it has contravened sections 52, 53(a), 53(eb) and 55 of the TPA and paragraph 14(a) of the Undertaking.
In order to address the concerns identified in connection with the supply of the Powerfile belts, Black & Decker has given to the ACCC a variation to the undertaking that:
Extends the period of time (to 4 years) during which Black & Decker is to maintain and implement the trade practices compliance program;
Requires Black & Decker undertake an audit of its domestic suppliers to identify the source (country of origin) of all of the materials used in the manufacture of the products that they supply to Black & Decker.
Requires Black & Decker conduct a review its compliance processes with respect to country of origin statements made on the Products and implement all necessary changes.
Timbermate Products Pty Ltd (Timbermate) carries on business as a manufacturer, importer and distributor of hardware products and supplies including a moulded rubber tie down strap branded “Quickties”.
Between mid 2005 and September 2008 Timbermate supplied Quickties with a paper based warning label to a range of hardware and other retailers.
The Australian Competition and Consumer Commission (ACCC) is responsible for ensuring compliance with prescribed consumer product safety standards under the Trade Practices Act 1974 (TPA).
There is a prescribed consumer product safety standard for elastic luggage straps (the Mandatory Standard) that applies to an elastic strap or cord having a hook, buckle or other fastening device at each extremity and which is designed to be used for the purpose of securing luggage or other objects.
The Mandatory Standard requires an elastic luggage strap to have permanently attached a label bearing the following warning (the Warning Label);
WARNING.
Kyberguard Pty Ltd, trading as Soldsmart, is a company that operates an online sales website at www.soldsmart.com.au, advertising and selling a variety of products including ride-on car toys for children of varying ages.
Between 30 November 2007 and 11 June 2008 Soldsmart advertised for sale two types of ride on car toys for children under the age of 36 months, that had small moveable parts:
Item BC7608RD – Sliding Tractor/Truck
Item RC6410PK – Electric Hot Rod Race Car
These products were independently tested to ascertain whether they complied with the Australian Standard. Results identified that both products failed to comply with the Australian Standard, in that parts broke off during testing.
Soldsmart acknowledges that it failed to comply with the Australian Standard, contravening section 65C of the Trade Practices Act.
Soldsmart has undertaken to the ACCC that it will:
Recall the products and offer a refund to all customers who have purchased these products;
Establish and implement a Trade Practices Compliance Program
Maintain and continue to implement the Trade Practices Compliance Program
Ensure that all products sold by Soldsmart that are subject to a prescribed consumer product safety standard or information standard under the TPA comply with the relevant standard; and
Ensure that any test reports for products advertised for sale by Soldsmart are not more than 12 months old, and are supplied by an Australian NATA accredited testing agency or equivalent overseas agency.
JB Hi-Fi Group Pty Ltd (JB Hi-Fi) is a retailer that supplies a wide range of products, including mobile phones, televisions, DVD recorders, computers, iPod players, home theatre products, music, games, car sound, digital cameras, printers and accessories.
Since June 2007, JB Hi-Fi entered the mobile consumer electronic and telecommunications market and supplied mobile phones and accessories in all its 98 stores around Australia.
In June 2008, a customer purchased what was represented to her as being a new Nokia mobile phone for $80 from the JB Hi-Fi store in Kotara Westfield in NSW.
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