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The consumer watchdog has commenced Federal Court proceedings against fragrance and candle company Dusk for some of their products that are often exposed to children.
The Australian Competition & Consumer Commission (ACCC) is alleging that Dusk supplied homewares containing button batteries that did not comply with mandatory button battery safety and information standards, breaching Australian Consumer Law.
The ACCC alleges that between May 17, 2023, and December 12, 2024, Dusk supplied 66,453 products, comprising 29 different product lines, that did not comply with mandatory button battery safety and information standards.
The items include:
- Candles
- Diffusers
- Tealights
- Snow globes
- Other Easter, Christmas or Halloween themed LED products
“Button batteries can cause catastrophic injuries or death if swallowed by young children, so it is crucial that businesses take their product safety obligations seriously,” says ACCC Deputy Chair Catriona Lowe.
“Failing to test products for compliance with the mandatory button battery standards before supply to consumers creates an unacceptable safety risk, particularly for young children.”
The ACCC alleges 25 of the product lines sold were not tested prior to supplying them to consumers, as required under the mandatory safety standard.
Dusk later obtained tests to confirm the products passed the relevant safety requirements, although products had already been supplied to customers.
In addition, four product lines failed to include the safety warnings required by the mandatory information standard, leaving customers unaware the products contained button batteries.
“Compliance with the mandatory button battery standards is an ACCC compliance and enforcement priority. Businesses must ensure they have adequate policies and procedures in place to comply with these standards,” says Ms Lowe.
It is also alleged that Dusk breached a court-enforceable undertaking it had previously provided to the ACCC back in April 2023.
At this time, the ACCC accepted a court-enforceable undertaking from Dusk after it supplied Halloween-themed novelty products containing button batteries that did not comply with the mandatory safety standards.
Dusk also paid $106,560 in penalties after the ACCC issued eight infringement notices relating to the supply of non-compliant button battery product lines.
“We are extremely concerned as Dusk allegedly supplied tens of thousands of products that did not comply with button battery standards designed to protect young children who are most at risk of serious injury, despite having previously given an undertaking to the ACCC that it would not do so,” says Ms Lowe.
The ACCC is seeking declarations, penalties, costs and an order requiring Dusk to pay an amount reflecting any financial benefit it obtained from the alleged breaches, and other orders.
If you have been affected or have any information you’d like to share, please feel free to contact me: miller.adelaide@abc.net.au