Competition and Consumer Act 2010 - Consumer Protection Notice No. 2 of 2012 - Compulsory Recall of Consumer Goods: Teeth Whitening Products Supplied by Pro Teeth Whitening (Aust) Pty Limited

Link to law: https://www.comlaw.gov.au/Details/F2012L00189

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COMMONWEALTH OF AUSTRALIA
 
Competition and Consumer Act 2010
 
Consumer Protection Notice No. 2 of 2012
 
COMPULSORY RECALL OF CONSUMER GOODS: TEETH WHITENING PRODUCTS SUPPLIED BY PRO TEETH WHITENING (AUST) PTY LIMITED
 
Whereas
 
(i)         the person specified in Division 1 of the Schedule to this Notice (“the supplier”), in trade and commerce, is the supplier of consumer goods of a kind specified in Division 2 of this Notice (“the goods”);
 
(ii)        it appears to me that the goods are goods of a kind which will or may cause injury to a person; and
 
(iii)       it appears to me the supplier has not taken satisfactory action to prevent the goods causing injury to any person;
 
 
I, DAVID BRADBURY, Parliamentary Secretary to the Treasurer, pursuant to subsection 122 (1) of Schedule 2 of the Competition and Consumer Act 2010, issue this NOTICE which, pursuant to section 123 of Schedule 2 of the Competition and Consumer Act 2010, REQUIRES the supplier take the actions specified in Division 3 of the Schedule to this Notice in the manner specified in Division 4 of the Schedule to this Notice.
 
 
THE SCHEDULE
 
Division 1: The Supplier
           
Pro Teeth Whitening (Aust) Pty Limited
ACN 135 042 107
Unit 3, 16 Mary Street, Birkdale Qld 4159
 
Division 2: Particulars of the Goods
           
“bright white express - Advanced Teeth Whitening Kit” and
“PROTEETHWHITENING - Professional Teeth Whitening Pen”
           
Division 3: Action
 
Take action within three (3) days commencing on the day on which this Notice is registered on the Federal Register of Legislative Instruments to:
recall the goods;
a)    disclose to the public the nature of a dangerous characteristic of the goods, specifically that the goods, as set out on their labeling, contain 9%, 12% or 16% hydrogen peroxide, which exceeds the recognised safe limit of 6% weight/weight as set by the Poisons Standard 2011, expert clinical advice, and published scientific risk assessments; and
b)    inform the public that the supplier undertakes to do whichever of the following the supplier thinks is appropriate:
(i)    replace the goods;
(ii)  refund to a person to whom the goods were supplied (whether by the supplier or by another person) the price of the goods.
 
Division 4: Manner in which the actions are to be taken
 
a)    Publish a written product safety notice prominently on the website www.proteethwhitening.com.au for a period of at least 90 days, in the terms and form of Annexure A to this Notice and which shall, in addition, include the following:
(i)    a photograph or drawing of the goods;
(ii)  a section titled ‘What to do’, which explains the immediate action customers are to take. For example, to cease use immediately and return product to the place of purchase for a full refund;
(iii) a section titled ‘Contact details’, which explains who customers should contact to receive a refund or have the product replaced, including business and after hours telephone numbers, and email and website addresses;
b)    Send a letter to all customers to whom the supplier has supplied the goods, which must:
(i)    inform such customers of the issuance of this Notice;
(ii)  enclose a copy of this Notice;
(iii) enclose a copy of the product safety notice specified in paragraph (a) above;
c)    Use best endeavours to ensure that all retailers to whom the supplier has supplied the goods, or which it is otherwise aware was a retailer of the goods, publicly display the product safety notice  specified in paragraph (a) above at their places of business for a period of at least 90 days;
d)    If the supplier undertakes to replace the goods, in accordance with section 124 of Schedule 2 of the Competition and Consumer Act 2010:
(i)    it must replace the goods with similar consumer goods which:
A.  do not contain the dangerous characteristic identified in this Notice; and
B.  comply with any safety standards in force in respect of the goods; and
(ii)  the cost of the replacement, including any necessary transportation costs, must be paid by the supplier;
e)    Arrange for the safe disposal of all goods returned pursuant to the recall at a safe chemical disposal facility;
f)     Maintain records of all actions taken as specified in paragraphs (a) to (e) above;
g)    Maintain records of all customers and traders to whom the supplier has supplied the goods;
h)   Maintain records of the numbers of the goods recalled, returned, replaced, refunded or disposed of; and
i)     Provide copies of the records referred to in paragraphs (f) to (h) above relating to the recall of the goods to officers of the Australian Competition and Consumer Commission within two (2) days of being requested to do so.
 
 
 
 
Dated this 6th day of February 2012
 
 
 
 
                                                                       
                                                                        DAVID BRADBURY
                                                                        Parliamentary Secretary to the Treasurer