Toys R Us Australia Pty Ltd - Household Cots - s.87B undertaking

Company or individual details

  • Toys R Us Australia Pty Ltd - Household Cots
    057 455 026

Undertaking

The Australian Competition and Consumer Commission (ACCC) has accepted a section 87B undertaking from Toys "R" Us Australia Pty Ltd (ACN 057 455 026) (Toys R Us) for supplying a household cot that did not comply with the relevant safety standard, in breach of section 106 of the Australian Consumer Law (ACL).

Between about 1 February 2013 and about 28 November 2013, Toys R Us supplied 335 "Nantucket 4 in 1 Household Cots" that Toys R Us admits did not comply with the consumer product safety standard for household cots (the Standard).

The ACCC was particularly concerned because the cot supplied by Toys R Us posed several risks to vulnerable infants and small children as a direct result of failing to comply with the Standard, including the risks of falls, suffocation and entrapment.

To address the ACCC's concerns, Toys R Us has provided the ACCC with a court-enforceable undertaking that it will:

  • not supply or offer to supply household cots that are the subject of a safety standard in force under the ACL, unless those household cots comply with the relevant standard and Toys R Us has obtained written evidence of compliance from an accredited testing agency;
  • send a further recall notice by email to all customers who have a current email subscription with Toys R Us;
  • continue to provide full refunds to customers who respond to the recall and pay all reasonable customer expenses associated with the recall; and
  • establish and implement a Consumer Law Compliance Program, which includes formal training for staff.

Toys R Us has also paid $10,200 in respect of an Infringement Notice issued under section 134A(1) of the Competition and Consumer Act 2010 in relation to the alleged contravention of section 106 of the ACL.