The Wiggles Holdings Pty Ltd

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from The Wiggles Holdings Pty Ltd (The Wiggles). The Wiggles Holdings Pty Ltd is a subsidiary of The Wiggles Group Pty Ltd.

This undertaking relates to alleged contraventions of section 136(1) of the Australian Consumer Law (ACL), contained in Schedule 2 of the Competition and Consumer Act 2010 (CCA).

Consumer goods supplied to consumers in Australia, in trade or commerce, that contain a button battery must comply with the Consumer Goods (Products Containing Button/Coin Batteries) Information Standard 2020 and Consumer Goods (Products Containing Button/Coin Batteries) Safety Standard 2020.

Between 22 June 2022 to 24 March 2024, The Wiggles supplied 3,164 units of the Wiggles ‘Emma Bow’ headband (the Product) to consumers which contained button batteries. The Product did not comply with section 8 of the Information Standard because it was supplied to consumers without the required warnings about the risks posed by button batteries.

The Wiggles has admitted that its conduct was likely to contravene section 136(1) of the ACL.

To address the ACCC’s concerns, The Wiggles provided the ACCC with a section 87B undertaking that it will:

• not, in trade or commerce, supply or offer to supply consumer goods containing, or designed to store or contain button batteries, if those goods do not comply with the Safety Standard and Information Standard;
• establish and implement a Compliance Program designed to minimise The Wiggles’ risk of future breaches of the ACL;
• produce an episode of its podcast “Wiggle Talk – A Podcast For Parents”, relating to button battery safety and/or safety issues associated with children’s toys (Podcast);
• publish snippets of the Podcast on The Wiggles’ social media accounts;
• publish posts on its Facebook page “The Wiggles” which contain an image of the Product with a note that this was a past product sold by The Wiggles, it contained a button battery, and did not comply with the Information Standard, and a prominent safety warning relating to products containing button batteries;
• issue to Australian users subscribed to The Wiggles’ newsletter, at least one newsletter which includes a segment relating to button battery safety and/or safety issues associated with children’s toys;
• publish a corrective notice on its website in relation to the Product.