D W International Trading Pty Ltd and Bo Hui Dong - Court action

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8 September 2014
Court actions

Toy importer D W International Trading and its director Bo Hui Dong must pay a $30,000 penalty for supplying face paints that contained excessive amounts of lead.

Consumer Affairs Victoria inspectors discovered the face paints at the company’s premises in October 2013, when checking suppliers in the lead up to Christmas.

They seized 161 ‘Carnival Colours’ face paints, which contravened the mandatory safety standard for children's toys and did not have the required ingredient labelling.

On 8 September, Melbourne Magistrates’ Court found that:

  • the company, by offering to supply the non-compliant face paints, had contravened the Australian Consumer Law (Victoria)
  • Mr Dong, having acquired the face paints for sale, was knowingly concerned in and party to the company’s contraventions.

The court ordered that the company:

  •  publish product recall, public warning and refunds to customers on recalls.gov.au
  • display recall notice at the business premises
  • pay refunds to all customers who return the face paints
  • must not supply to wholesalers or retailers, goods subject to a mandatory safety standard, information standard or ban order. This also applies to the company’s officers, employees and agents.
  • implement a compliance program and retain a qualified person to conduct annual reviews of that program.

The court ordered D W International Trading and Mr Dong to pay $30,000 in civil pecuniary penalties. The company must also pay for the destruction and disposal of the seized face paints, plus $1500 costs.

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