Riff Raff Baby Pty Ltd

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Riff Raff Baby Pty Ltd (Riff Raff).

This undertaking relates to claims about the safety of sleep aid toys that were likely to contravene sections 18, 29(1)(g) and 33 of the Australian Consumer Law (ACL), contained in Schedule 2 of the Competition and Consumer Act 2010 (CCA).

Riff Raff is an online retailer that sells a range of infant sleep toys to consumers in Australia, including:

• Banjo the Bear
• Bandit the Racoon
• Clover the Bunny
• Kirra the Koala
• Raffy the Fawn
• Riff the Fox

(collectively the Products)

From at least 28 February 2023 until at least 8 June 2023 Riff Raff advertised the Products for sale alongside statements and images that represented that the sleep toys are safe to be placed in close proximity to babies in an unsupervised sleep environment from birth (representations). These representations were made on both the Riff Raff website and on the Riff Raff Facebook and Instagram pages.

Riff Raff has admitted that it made the representations, and by doing so likely contravened sections 18, 29(1)(g) and 33 of the ACL.

As a result of the ACCC’s investigation and in response to the ACCC’s concerns, Riff Raff provided the ACCC with a section 87B undertaking that it will:

• not make any false or misleading representations regarding sleep products that do not comply with established health advice regarding safe infant sleeping practices
• issue corrective notices to consumers via email
• establish and implement a Compliance Program designed to minimise Riff Raff’s risk of future breaches of the ACL.

The compliance program offered by Riff Raff includes appointing a compliance officer, issuing a compliance policy, staff training, providing compliance program documents to the ACCC and engaging an independent and suitably qualified reviewer to conduct an annual review of the compliance program.

Riff Raff has also paid 8 Infringement Notices with a total penalty of $132,000 issued by the ACCC under section 134A of the CCA.