Published
Trade Quip Pty Ltd has been penalised $100,000 by the Federal Court for supplying hydraulic trolley jacks that did not comply with the prescribed consumer product safety standard.
“This decision sends a strong message to suppliers of products subject to mandatory product safety standards. Omissions and errors in labelling can see you end up in court and exposed to substantial penalties,” ACCC chairman Rod Sims said.
“The ACCC will continue to prosecute traders that engage in repeated breaches of the law, particularly where the conduct puts consumers at risk of physical harm,” Mr Sims said.
The Court declared by consent that the supply of more than 2000 jacks between August 2009 and September 2010 with a warning label that was in a font size that was too small and, for some jacks, contained an incorrect warning message, contravened the Trade Practices Act 1974.
It was also found that Trade Quip engaged in misleading or deceptive conduct by representing that the “2019” model jack complied with the applicable mandatory standard, when it did not.
The standard requires trolley jacks to meet specific performance requirements and for important safety information to be affixed to jacks. This includes a clear warning that individuals should not get under a vehicle that is only supported by a trolley jack and to use vehicle support stands.
Trade Quip was ordered to publish corrective notices and to establish, maintain and administer a trade practices compliance program for 3 years. The Court also granted an injunction restraining Trade Quip from supplying hydraulic trolley jacks unless it has first inspected the labelling on samples from each batch and obtained written evidence confirming that each batch complies with the applicable safety standard.
In a separate but related proceeding, Justice Murphy found that Trade Quip’s conduct also constituted contempt of orders made by Justice Weinberg of the Federal Court in August 2007. His Honour imposed a penalty of $7,500 on Trade Quip for this conduct.
Contact details
Media inquiries
Mr Duncan Harrod, Media, (02) 6243 1108 0408 995 408
General inquiries
Infocentre 1300 302 502
Release # NR 037/12
Responsible regulator
Australian Competition and Consumer Commission
