Top Blue Pty Ltd and Ping Zhang - Court action

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13 September 2013
Court actions

Melbourne Magistrates’ Court has found that Top Blue Pty Ltd and its director Ping Zhang contravened the Australian Consumer Law (Vic) by offering to supply or supply toys and sunglasses that failed to comply with mandatory safety standards for children’s toys and sunglasses.

Consumer Affairs Victoria had seized 138 children’s toys and more than 2000 sunglasses from the importer and wholesaler.

On 6 September 2013, the court made declarations of contravention of mandatory safety standards and ordered that Top Blue and Mr Zhang:

  • not transfer or encumber the ownership or control of the company’s website,
  • publish a public warning and recall notice on the company’s website and in its business premises
  • pay full refunds for all returned goods identified in the public warning and recall notice
  • pay $3000 to the Victoria Consumer Law Fund within 30 days, and $500 costs
  • implement and retain a product safety compliance program within 60 days.

The court also restrained Top Blue and Mr Zhang from further contraventions of the product safety provisions of the Australian Consumer Law (Vic). They must pay for the destruction and disposal of the seized goods, fixed at $200.

Consumer Affairs Victoria inspectors seized the ‘Bao Lei Sea Little Detective’ and ‘Balena Con Pallina’ plastic battery-operated whale toys with two beach balls in September 2012. Testing confirmed that the toys did not comply with the mandatory safety standard for children up to three years old, as the batteries and small parts posed a choking hazard.

Our inspectors returned to the business in February 2013 and seized more than 2000 sunglasses that did not meet the mandatory Sunglasses Safety Standard, as they did not have attached or affixed information to identify the lens type.

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