Captain Choppers Pty Ltd - s.87B undertaking

Captain Choppers Pty Ltd (Captain Choppers) trading as Red Dot Stores has provided court enforceable undertakings to the ACCC after one of the products sold by Red Dot Stores did not comply with a mandatory consumer protection notice.

On 17 September 2007 a ban on products containing accessible materials with a lead migration of more than 90 milligrams per kilogram was introduced under Consumer Protection Notice No. 13 of 2007.

After testing of the Auto Super Cars toy set indicated the toy had a lead content greater than 90 milligrams per kilogram, the ACCC reached the view that Captain Choppers had contravened section 65C of the Trade Practices Act 1974 which prohibits a corporation from supplying goods that are in breach of product safety standards and consumer protection notices.

To address the ACCC’s concerns, Captain Choppers offered a section 87B undertaking to the ACCC.

Captain Choppers has undertaken to the ACCC that it:

• will not in future supply any children’s toys that do not fully comply with the relevant mandatory consumer product safety standards;
• will contact retailers that it has supplied the toy to and request that they display an information notice in their stores; and
• will implement a trade practices compliance program.