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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.