The Australian Competition and Consumer Commission has accepted court enforceable undertakings from Rite Price Wholesalers Pty Ltd, an importer and supplier of children's toys, after the ACCC found paint on some Rite Price toy cars contained too much lead.
A consumer protection notice effectively banning products containing accessible materials with a lead migration of more than 90 milligrams per kilogram was introduced on 17 September 2007. Section 65C of the Trade Practices Act 1974 prohibits a corporation from supplying goods that breach product safety standards and consumer protection notices.
In November 2007 the ACCC issued an advisory alert to the public after a preliminary assessment of certain toy products, including a Rite Price product, the Auto Super Cars toy set, indicated that some of the paint on the cars contained lead in excess of 90 milligrams per kilogram. Subsequent tests confirmed that the Auto Super Cars toy set had a lead content greater than 90 milligrams per kilogram. The set comprised four brightly coloured toy cars.
After contact from the ACCC, Rite Price voluntarily recalled the product from retailers and published a Product Safety Recall Notice in Western Australia.
Rite Price has now undertaken to:
- ensure that its products comply with the relevant mandatory consumer product safety standards
- implement a trade practices compliance program with an emphasis on the consumer product information and safety standards
- provide training for staff on product safety, and
- use it best endeavours to have retailers display a notice advising consumers of the recall and Rite Price's offer of a refund.
"Consumer safety is of utmost importance and the ACCC will act promptly against suppliers when consumers, particularly children, are placed at risk through non-compliance with mandatory safety standards," ACCC Chairman, Mr Graeme Samuel, said today.
"All companies have a responsibility to ensure that the goods they supply are safe, especially where children's toys are involved."
Mr Graeme Samuel, Chairman, (03) 9290 1812 or 0408 335 555
Ms Lin Enright, Media, (02) 6243 1108 or 0414 613 520
Release # MR 049/08
Infocentre 1300 302 502