Company or individual details
- Target Australia Pty Ltd004250944
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Target Australia Pty Ltd (Target) in relation to the sale and promotion of convertible tricycle products that the ACCC considered were required to, but did not, comply with the relevant mandatory safety standard for strollers.
Between May 2015 and June 2018, Target supplied and offered for supply to consumers various convertible tricycle products including:
- SmarTrike SmarTfold 400/p 7-in-1 Folding Trike;
- SmarTrike Explorer;
- SmarTrike Splash;
- SmarTrike Voyage;
collectively, the Products.
Three of the Products appeared in Target Stores in packaging containing the statement, “Easy transition from stroller mode to trike mode”.
The ACCC considers the Products are strollers as defined in the Consumer Protection Notice No 8 of 2007: Consumer Product Safety Standard for Prams and Strollers (Mandatory Standard). Target has accepted that the Products are likely to be captured by the definition of ‘stroller’ in the Mandatory Standard.
In promoting the Products, Target published a number of statements and images on its website including the following statements:
- “Manoeuvres like a stroller with outstanding steering performance”;
- “Smart Trike Splash has been desiged [sic] for baby’s comfort and safety”;
- “Sleep mode lets the high back seat recline, baby rests in comfort and security while the new advanced 360° wheel provides smoother ride, plus it easily transitions from stroller mode to child control”;
- “Convenience and safety”;
- “Versatile and safe – it’s the adorable convertible”; and
- “Recommended Ages: 9 – 36 months”.
By publishing the statements and images on its website and offering the Products for sale, Target represented that each of the Products:
- met relevant safety requirements;
- were safe for transporting babies and young children; and
- were suitable for use as a stroller in earlier modes,
collectively, the Representations.
The ACCC considers the Representations were false and misleading because none of the Products possessed the required parking brake, tether strap, safety harness or safety warnings and accordingly the Products:
- did not meet the requirements of the Mandatory Standard; and
- were not safe for use as a stroller to transport babies and young children.
Target has acknowledged that:
- by offering to supply and supplying the Products, Target is likely to have contravened section 106 of the Australian Consumer Law (ACL); and
- by making the Representations via its website, Target is likely to have contravened sections 18, 29(1)(a), 29(1)(g), and 33 of the ACL.
Target has provided a section 87B undertaking to the ACCC in which it has undertaken that it will not supply or offer to supply convertible tricycles which are strollers unless they comply with the Mandatory Standard and Target has obtained written evidence confirming that the convertible tricycles comply with the Mandatory Standard. Target has also undertaken to implement an updated consumer law compliance program.