Brand Republic fined $51,000 for breach of consumer protection law over Baby GAP fire safety warnings
Brand Republic Pty Ltd, operator of GAP retail outlets, has been fined $51,000 for five infringements of consumer law for supplying children’s nightwear that failed to comply with the mandatory consumer product safety standard.
The company has been fined $51,000
It has also given a court enforceable undertaking to the Australian Competition and Consumer Commission.
The ACMA said that between July 2011 and May 2013, Brand Republic sold five different ‘baby GAP’ branded children’s nightwear garments, with fire hazard warning labels attached in the incorrect position.
“The labelling requirements of the standard are very important as they are designed to reduce the risk of burn injuries to children,” ACCC Deputy Chair Delia Rickard said.
“All suppliers should have a comprehensive compliance program in place to ensure that goods being supplied to the public comply with mandatory standards,” Ms Rickard said.
“The ACCC will not hesitate to take enforcement action when businesses put consumers’ safety at risk, particularly the safety of children.”
The ACCC said that the fire hazard warning labels were incorrectly positioned, and three of the garments were also sold in packaging that was not marked with fire hazard information and obscured the ‘low fire danger’ warning labels.
“As the labels were obscured, the standard required the packaging to be marked with fire hazard information,” the ACCC said.
As part of its enforceable undertaking, Brand Republic has agreed not to supply or offer to supply products that are subject to a prescribed consumer product safety standard unless they comply with that standard and it has obtained evidence that the products comply with that standard. It will also publish recall notices, provide refunds and implement a trade practices compliance program.