AUSTRALIA | Hungry Jacks has found itself in hot water, after supplying toys that breached mandatory information standards for button batteries.
Australian fast-food franchise Hungry Jack’s Pty Ltd has paid penalties totalling AUD 150,240 after the ACCC issued it with eight infringement notices for alleged breaches of the Australian Consumer Law by failing to comply with the mandatory button battery information standard.
The infringement notices relate to a Garfield toy powered by button batteries that was supplied nationwide without the important warnings and information required by the mandatory information standard.
Between 20 May 2024 and 30 May 2024, Hungry Jack’s supplied 27,850 of the Garfield toys with its children’s meals.
While the Garfield toy complied with the button battery safety standard, it did not advise consumers that it contained button batteries, nor provide relevant warnings about the potentially fatal hazards these pose or advice about what to do if a child ingested one.
“Button batteries are extremely dangerous for young children and tragically, children have been seriously injured or died from swallowing or ingesting them,” ACCC Deputy Chair Catriona Lowe said.
“The ACCC continues to see non-compliant products on the market which pose unacceptable safety risks to vulnerable young children. We take non-compliance with these important standards seriously and will not hesitate to take enforcement action where appropriate.”
The ACCC has also accepted a court-enforceable undertaking from Hungry Jack’s in which it admitted the Garfield toy is likely to have failed to comply with the button battery information standard.
Hungry Jack’s has undertaken to establish and implement a compliance program designed to minimise Hungry Jacks’ risk of future breaches of the Australian Consumer Law.
Millions of consumer goods worldwide contain button batteries. If swallowed, a button battery can become stuck in a child’s throat and result in catastrophic injuries, and even death, in as little as two hours. In Australia, three children have died and more than one child a month is injured from incidents involving button batteries.
Businesses involved in the supply of button batteries and products containing them must ensure compliance with both the mandatory safety and information standards. The safety standards require products containing button batteries to be sold in child-resistant packaging and to have secure battery compartments to prevent children from gaining access to the batteries. The information standards require warnings and emergency advice on packaging and instructions.
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