Mrs Le Tian, t/as SavingForAussie - s.87B undertaking

The Australian Competition and Consumer Commission (ACCC) has accepted a section 87B undertaking from Mrs Le Tian (Tian), trading/as SavingForAussie, 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).

From at least 1 June 2013 to on or about 10 September 2013, Tian supplied 275 “Canterbury Cots” that Tian admits did not comply with the consumer product safety standard for household cots (the Standard). Tian initiated a voluntary recall of the Canterbury Cots after being contacted by the ACCC.

The ACCC was particularly concerned because the cot supplied by Tian posed numerous 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, Tian has provided the ACCC with a court-enforceable undertaking that she will:

• not supply or offer to supply consumer goods that are the subject of a safety standard in force under the ACL, unless those goods comply with the relevant standard and Tian has obtained specified written evidence of compliance from an accredited testing agency;

• send the recall notice by email and post to customers who have not yet responded to the recall;

• provide, at the customer’s discretion, full refunds or replacement household cots that comply with the Standard, to customers who respond to the recall; and

• establish and implement a Consumer Law Compliance Program.

Tian has also paid $2,040 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.