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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.