HQ Pacific Pty Ltd and Jia Hao Huang - Court action

Skip listen and sharing tools
28 November 2012
Court actions

A Moorabbin importer and wholesaler who supplied unsafe children’s toys must recall the products, give customers a full refund and pay to have the toys destroyed.

Melbourne Magistrates’ Court has ordered HQ Pacific Pty Ltd and its sole director and shareholder Jia Hao Huang, of Moorabbin, to recall ‘Happy Duck’ plastic musical toys and plastic or rubber ‘Spiky Yo-Yo’ balls.

The products breach Australian Consumer Law mandatory safety standards applying to toys for children aged less than three, and a permanent ban order on yo-yo balls.

Consumer Affairs Victoria inspectors found these unsafe toys at HQ Pacific’s Lennox St, Moorabbin premises in November 2011.

On 28 November 2012, after lengthy legal proceedings, the court ordered HQ Pacific and Mr Huang to publish a public notice:

  • on all their websites, with a click-through icon on HQ Pacific’s homepage, for six months after the order
  • in the Moorabbin Leader’s early general news section, in full colour, within 14 days of the order
  • at or near each checkout and customer exit in each of their premises, for six months after the order.

The court also ordered the company to implement a comprehensive compliance program, including legal reviews of the company’s books, records and goods, for the next three years.

It must retain, at its expense, experts in consumer protection law to conduct three reviews of its compliance until June 2015, and report to the Director of Consumer Affairs Victoria.

The reviews ordered by the court include inspections of the company’s books, records and goods, and interviews with managers and buyers.

HQ Pacific and Mr Huang were ordered to contribute a total of $2000 to Consumer Affairs Victoria’s costs.