The Federal Court of Australia found that fashion company Fewstone, trading as City Beach, has breached the consumer law by selling a range of consumer novelty products that did not comply with mandatory button battery safety and information standards.
Between June 2022 and October 2024, the fashion retailer sold more than 60 product types containing button batteries that did not comply with the button battery safety and/or information standards, according to the court. The products included toys, digital notepads, keyrings, lights and light-up Jibbitz accessories for Crocs shoes.
The court also found that, during this period, City Beach supplied the non-compliant button battery products on more than 54,000 occasions.
“We brought this case because we believed the wide array of non-compliant products sold by City Beach exposed consumers to unacceptable safety risks,” ACCC deputy chair Catriona Lowe said.
“Button batteries are incredibly dangerous for young children, and compliance with Australia’s button battery safety and information standards is critical.
“This decision by the Court should send a strong warning to retailers and manufacturers that supply of consumer goods powered by button batteries which do not comply with the standards risk enforcement action by the ACCC.”
This was the first proceeding to be brought by the ACCC for an alleged breach of the button battery safety standards.
As well as making declarations, the court ordered City Beach to implement a consumer law compliance program and undertake advertising as part of its voluntary recall of the products in question.
The court has reserved its decision on penalty and costs.