Davie Clothing Pty Ltd

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Davie Clothing Pty Ltd in relation to the supply of the Kids Beach Oodie without a high fire danger warning label as required by the mandatory safety standard for children’s nightwear and limited daywear that likely contravened sections 106(1) and (2) of the ACL.

Davie Clothing Pty Ltd is an online supplier of the Oodie brand.

Between 29 September 2022 and 14 July 2023 Davie Clothing supplied 2,460 units of Kids Beach Oodie (the Product), a wearable hooded towel for children, to consumers in Australia.

Davie Clothing has admitted that it offered to supply the Product without the high fire danger warning label being i) affixed to the Product, and ii) displayed on its website, as required by the Consumer Goods (Children’s Nightwear and Limited Daywear and Paper Patterns for Children’s Nightwear) Safety Standard 2017 (Cth)(the Standard), in contravention of s 106(1) and (2) of the ACL.

To address the issues outlined above, Davie Clothing provided the ACCC with a section 87B undertaking that it will:

• establish and implement a compliance program that includes product safety provisions; and
• publish a corrective notice on its website for at least 90 days.

Davie Clothing has also paid six infringement notices totalling $101,280 in relation to this conduct.