Brand Republic Pty Ltd - s.87B undertaking

Company or individual details

  • Brand Republic Pty Ltd
    132 310 000


Brand Republic Pty Ltd operates three GAP retail stores which sell apparel for men, women, children and babies.  Between 22 July 2011 and 26 May 2013 Brand Republic sold five different children’s nightwear garments that did not comply with the mandatory standard for children’s nightwear (the Standard).

The garments did not comply with the Standard in the following respects:

  1. all of the garments were not marked with their numerical size, as required by clause 5.2(b) of the Standard;
  2. all of the garments had attached a “low fire danger” label which was not located correctly. A “low fire danger” label was attached on a side seam of the one-piece garments and the pyjama tops and not inside their back neck, as required by clause 5.3(a) of the Standard; and
  3. the units sold in respect of three different garments breached clause 5.3(d) of the Standard as they were offered for sale in packages which obscured the “low fire danger” label/s attached to them and were not marked with the fire hazard information and warnings that were required to be put on the label/s of those garments.

Brand Republic admits that by supplying the garments it contravened section 106 of the Australian Consumer Law.

To address the ACCC’s concerns, Brand Republic has provided the ACCC with a court-enforceable undertaking that it will:

  • not supply or offer to supply products that are subject to a prescribed information or safety standard unless they comply with that standard and where the products are subject to a prescribed safety standard it has also obtained specified evidence that they comply with that standard;
  • cause recall notices in respect of the garments be published on the internet, in-store and in certain newspapers;
  • provide refunds to consumers who return the garments to it; and
  • implement a trade practices compliance program.

Brand Republic has also paid $51,000 in respect of five Infringement Notices issued under section 134A(1) of the Competition and Consumer Act 2010.