Australian surf retailer City Beach has been taken to the Federal Court by the ACCC for allegedly selling products containing button batteries which did not comply with mandatory product safety and information standards, in breach of the Australian Consumer Law.
It is alleged that between June 22, 2022 and October 24, 2024, surf, skatewear and accessories retailer City Beach offered for sale 70 product lines containing button batteries which did not comply with Australia’s mandatory button battery standards.
It also allegedly supplied 57,358 individual non-compliant button battery products.
The product lines sold by City Beach include novelty products such as toys, digital notepads, keyrings, lights and light-up Jibbitz accessories for Crocs shoes.
“We are taking this action because, we allege, City Beach exposed consumers to the risks associated with button batteries and failed to inform them of these risks,” ACCC deputy chair Catriona Lowe said.
“Button batteries are incredibly dangerous for young children, and tragically in some cases have led to serious injuries or death when swallowed, inserted or ingested.
“Australia’s button battery standards exist to reduce the risk of death or serious injury posed by button batteries.”
Lowe said the ACCC is concerned that these items are likely to be in homes with young children.
“Many of these items were brightly coloured or had light-up features or both, meaning young children may be drawn to playing with them,” Lowe said. “We urge consumers to check the Product Safety Australia website for details of recalled products and return them to the supplier or to dispose of them safely.
“The ACCC is responsible for enforcing the button battery standards and works in partnership with state-based consumer agencies. This action is a result of that partnership, with concerns about City Beach’s supply of button battery products first identified through surveillance and then progressed to the ACCC for investigation.”
According to Lowe, City Beach received warnings in 2022 and 2023 from NSW Fair Trading and the Queensland Office of Fair Trading regarding the supply of potentially non-compliant button battery products.
Lowe said the standards have been in existence since 2020, in effect since 2022 and have been the subject of escalating compliance and enforcement work by ACL regulators, including the ACCC.
“There is simply no excuse for non-compliance and we will not hesitate to take strong enforcement action against businesses that do not comply with these important and potentially life-saving standards,” Lowe said.
The safety standard requires products to have secure battery compartments that are designed to be resistant to being opened by children. This is to prevent children from gaining access to the batteries.
To comply with the safety standard, a representative sample of products containing button batteries must be tested.
The information standard requires safety warnings to be provided with products, including advice to seek medical attention.
The ACCC is seeking penalties, declarations, injunctive relief and costs.
The ACCC has issued a series of infringement notices and accepted a court enforceable undertaking and compliance commitments for alleged breaches of the button battery standards since they became mandatory in mid-2022.
This is the first case to be bought by the ACCC before the Federal Court for an alleged breach of the button battery standards.
City Beach is currently conducting a voluntary recall. Consumers can return recalled products to City Beach for a full refund.
To check if a product has been recalled, visit the ACCC Product Safety website or contact City Beach.