Cotton On has been fined $1 million by the federal court for selling unsafe children’s nightdresses and pyjamas.
Around 2,500 of unsafe children’s nightwear was supplied across Australia between September and December 2010 and involved the ‘Nicki Short Sleeve White/Petal Spot Nightdress’ and the ‘Girls Short Sleeve Burst Pyjamas Pea Green’.
According to ACCC deputy chair Delia Rickard, Cotton On Kids and Cotton On Clothing breached the Australian mandatory standard for children’s nightwear
“The nightwear was so flammable that they should not have been supplied in Australia at all. To compound this, the highly flammable nightwear was misrepresented by being labelled ‘low fire danger’,” she said.
Justice Tracey recognised the potential consequences of the nightwear not complying with the standard were most serious and was a factor which weighed in favour of a significant penalty.
Rickard said the case highlights the need for suppliers to have appropriate procedures in place to ensure that the products they supply comply with the standard.
“This decision sends a strong message to suppliers of products subject to mandatory product safety standards. These breaches were very serious as they placed the safety of young children at risk,” she said.
“This case demonstrates that failure to comply with mandatory safety requirements can see a supplier end up in court and exposed to substantial penalties.”
Cotton On has since voluntarily recalled the non-compliant garments after being approached by the ACCC.