Hungry Jack's Pty Ltd

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Hungry Jack’s Pty Ltd (Hungry Jack’s) in relation to supply of a Garfield themed toy with kids meals (Toy) that was likely to contravene section 136 of the Australian Consumer Law (ACL) because they were not compliant with the mandatory Consumer Goods (Button/Coin Batteries) Information Standard 2020 (Information Standard). Hungry Jack’s is a wholly owned subsidiary of Competitive Foods Australia Pty Ltd. Both entities are privately held companies.

Between 20 May 2024 and 30 May 2024, Hungry Jack’s supplied 27,850 units of the Toy with kids meals to Australian consumers. The Toy contained button batteries, was packaged, and was not accompanied by instructions.

The Information Standard applied to the Toy and was in force at the time of supply.

The ACCC considered that the Toy did not comply with section 8 of the Information Standard (and that as a consequence, Hungry Jack’s was likely to have contravened section 136(1) of the ACL in supplying the Toy) because:

• the Toy’s packaging was not marked with an internationally recognised warning symbol on the front panel that was clearly visible, prominent and legible (as required by sub-section 8(3) of the Information Standard), and
• a warning about the button battery that included the substance of all of the matters outlined in sub-section 8(7) was not attached to, or included with, the Toy (as required by sub-section 8(4) of the Information Standard),

Hungry Jack’s has admitted that its conduct is likely to have contravened section 136(1) of the ACL.

To address the ACCC’s concerns, Hungry Jack’s provided the ACCC with a section 87B undertaking that it will:

• not, in trade or commerce, supply or offer to supply consumer goods containing, or designed to store or contain button batteries, if those goods do not comply with the Information Standard. 
• establish and implement a Compliance Program designed to minimise Hungry Jack’s risk of future breaches of the ACL.

Hungry Jack’s has also paid 8 Infringement Notices, with a penalty of $18,780 each (amounting to $150,240 in total) issued by the ACCC under section 134A of the CCA.