In Touch Fashions & Gifts Pty Ltd and Henry Chen - Enforceable undertaking

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Date
11 June 2020
Category
Enforceable undertakings

In Touch Fashions & Gifts Pty Ltd (ACN: 062 755 926), trading as retail business ‘In Touch Imports’ and its director have agreed to pay $1,000 to the Victorian Consumer Law Fund. They acknowledged offering items for sale that did not meet mandatory information standards.

In an enforceable undertaking, Henry Chen, 68, of Reservoir, has agreed to:

  • pay $1,000 into the Victorian Consumer Law Fund, and
  • not be involved in the supply of products that are banned, or that do not comply with relevant safety or information standards.

Mr Chen made the undertaking personally and on behalf of the company.

In July 2018 and January 2019, our officers inspected the company’s former retail premises in Collingwood and found novelty cosmetics products that did not include a list of ingredients.

Under the Australian Consumer Law (Victoria), cosmetics products must meet certain information standards, including that a list of ingredients must be on the product or packaging. This information is important. For example, it helps consumers identify any ingredients they may be allergic to.

The company was given a warning notice, and agreed to destroy and remove these items from sale.

At a further inspection in March 2019, our officers found that the company was still selling non-compliant novelty cosmetics products, and seized:

  • four containers of ‘Zombie Blood Spray’
  • one container of ‘Zombie Skin’
  • six packets of ‘Horror Facial Hair Kit’
  • eight containers of ‘Creepy Skin’
  • two packets of ‘She-n-She’, tattoos, and
  • one packet of ‘Billy’s Australian Collection’ tattoos. 

In Touch Imports has since closed. The store’s closure does not reduce Mr Chen’s and the company’s obligations to meet the terms of the enforceable undertaking.

The links below go to the full text, which includes photos of the seized items.

Read the full text

In Touch Fashions & Gifts Pty Ltd and Henry Chen – Enforceable undertaking (PDF, 3MB)

In Touch Fashions & Gifts Pty Ltd and Henry Chen - Enforceable undertaking (Word, 640KB)

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