The ACCC has today commenced Federal Court proceedings against Amazon Commercial Services Pty Ltd (Amazon AU) alleging kids backpacks in its possession or control for sale on its online marketplace failed to comply with mandatory button battery warning requirements.
This is the first Federal Court case brought by the ACCC against an online marketplace alleging non-compliance with mandatory product safety standards.
This is a priority area for the ACCC recognising the rise in unsafe consumer goods available across the economy, facilitated by the increasing scale and reach of digital markets.
“Many Australian consumers now shop on online marketplaces. That’s why it is important that consumers have confidence and trust in digital markets, and for the ACCC to take this action, the first of its kind to come before the Federal Court,” ACCC Deputy Chair Catriona Lowe said.
“Button batteries pose a serious hazard for young children. If swallowed or inserted, they can cause severe internal burns and injury, and in some cases death. These mandatory warnings are there to help keep children safe and businesses must get them right.”
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Unicorn Toddler Backpacks on Amazon
The Unicorn Toddler Backpacks were designed for children and included a detachable light-up unicorn plush toy containing button batteries.
The ACCC alleges Amazon AU had possession or control of the backpacks in Australian fulfilment centres between 22 June and 1 November 2022, and that required warning labels were missing from the products or the plastic outer packaging, which is in contravention of the Australian Consumer Law.
During the relevant period, the ACCC alleges 41 backpacks were purchased by Australian consumers through amazon.com.au. and 267 backpacks were held in Amazon’s Australian fulfilment centres as of 1 November 2022. The ACCC alleges Amazon AU had possession and control of the backpacks as part of its Fulfilment by Amazon services, which includes receiving, storing, picking, packing and shipping items for third party sellers and handling customer service and returns.
Under the Australian Consumer Law, a person must not, in or for the purposes of trade or commerce, possess or have control of goods where the supply of those goods is prohibited, including because they do not comply with mandatory button battery warning requirements.
The ACCC’s case is that this applies to situations where online marketplaces have possession or control goods, in the same way it applies to other suppliers of goods.
ACCC advice to consumers
Button batteries are dangerous to children if swallowed or inserted. They can become stuck in a child’s throat and result in serious lifelong injuries or death. Insertion of button batteries into body parts such as the ears or nose can also lead to serious injuries.
Children up to 5 years of age are at greatest risk because of their narrower oesophagus and tendency to place small objects into their mouths, ears and noses. Preventing access to button batteries is critical.
If you suspect a child has swallowed or inserted a button battery:
Call Triple Zero (000) immediately if your child is having any difficulty breathing.
Call the Poisons Information Centre immediately on 13 11 26. You can call at any hour for expert advice. The Poisons Information Centre can direct you to an appropriate medical facility. Not every health facility can manage injuries from button batteries.
Prompt action is critical.
Do not wait for symptoms to develop.
Do not let the child eat or drink.
Do not induce vomiting.
Further information about button battery safety including a consumer button battery guide.
Top image: Amazon unicorn backpack. Image: ACCC