Durmaz Pty Ltd, Sergio Durso and Alfred Mazzaferro - Court action

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13 September 2013
Court actions

Melbourne Magistrates’ Court has found that importer and wholesaler Durmaz Pty Ltd offered for sale and sold cosmetics and costume make up sets that failed to meet the mandatory Australian information standard for cosmetics.

Consumer Affairs Victoria inspectors seized 23 packets of face wipes and 21 costume make up sets from the Durmaz’ Cheltenham premises in September 2012. Tests confirmed that the cosmetics failed to meet Australian Consumer Law (Victoria) (ACL) product safety provisions because they did not have a list of ingredients on them as required by the relevant information standard.

Subsequent inquiries, identified that the company had imported and sold or distributed 7616 costume make up sets and 12,085 packets of face wipes between 1 January 2011 and 26 September 2012.

On 6 September 2013, the court made declarations that Durmaz contravened the ACL by supplying the ‘Party Face Paint’ costume makeup sets and ‘Pure & Soft’ facial cleansing wipes, which do not comply with the mandatory information standard.

The court also declared that company director Sergio Durso was knowingly concerned in these contraventions, by acquiring or arranging importation of the products and causing them to be displayed at the Cheltenham premises.

The court made final orders that Durmaz:

  • publish a public warning and recall notice on the company’s website, durmaz.com.au, and at its business premises
  • pay full refunds for all returned goods identified in the public warning and recall notice
  • and Mr Durso and company director Alfred Mazzaferro not transfer or encumber the ownership or control of the company’s website
  • implement and maintain a product safety compliance program
  • pay for the destruction and disposal of the seized goods.

The court also ordered injunctions restraining the defendants from further contraventions of the product safety provisions of the ACL. They must also pay $500 costs.

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