The ACCC has commenced legal proceedings in the Federal Court against Fewstone Pty Ltd, trading as City Beach, 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 22 June 2022 and 24 October 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," Ms Lowe said.
"We are 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. 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," Ms Lowe said.
"In 2022 and 2023, City Beach received warnings from NSW Fair Trading and Queensland Office of Fair Trading in relation to the supply of potentially non-compliant button battery products."
"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," Ms 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.
Recalled products
City Beach is 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.
Examples of recalled product lines supplied to consumers
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ACCC advice to consumers
Button batteries are dangerous to children if swallowed or inserted. They can become stuck in your 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 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 on button battery safety is available on the ACCC Product Safety website.
Background
City Beach is a national retailer primarily offering surf and skate consumer goods including clothing, accessories and novelty items.
In 2022-23, the ACCC partnered with State and Territory consumer protection agencies to conduct national button battery surveillance.
The Consumer Goods (Products Containing Button Batteries) Information Standard 2020 and the Consumer Goods (Products Containing Button Batteries) Safety Standard 2020 came into effect on 22 June 2022 after an 18-month transition period.
Concise Statement
This document contains the ACCC's initiating court document in relation to this matter. We will not be uploading further documents in the event this initial document is subsequently amended.
ACCC v Fewstone Pty Ltd (City Beach) - Concise Statement ( PDF 162.23 KB )
