A Dandenong South-based importer and wholesaler and its director have agreed to pay $3,000 to the Victorian Consumer Law Fund, and have given undertakings to recall products and refund customers, after acknowledging they offered items for sale that are either banned or do not meet mandatory safety requirements.
In September 2016, Consumer Affairs Victoria conducted an inspection of MRK Distributor Pty Ltd (ACN: 094 156 813) and found 628 toy-like novelty cigarette lighters that were subject to a permanent ban being offered for sale.
Our inspectors also discovered a further 33,767 disposable/refillable cigarette lighters and 68 pairs of sunglasses that did not meet the labelling requirements of the relevant mandatory safety standards.
MRK Distributor subsequently advised our inspectors of a further 180 horse novelty cigarette lighters it found in stock, which our inspectors determined were also subject to the permanent ban.
Our inspectors seized 34,643 items in total.
Mounir Kassabian, 62, of Berwick, the managing director of MRK Distributor, acknowledged that the company had breached the Australian Consumer Law (Victoria) by supplying or offering to supply the non-compliant items and that he was involved in the company’s contraventions. As well as paying the $3,000 penalty, they have undertaken to:
- pay $1,000 to the Director of Consumer Affairs Victoria for the destruction of the seized items
- not supply or be involved in the supply of certain items that are subject to a ban order, or do not comply with relevant safety standards; these items include aquatic toys,
- bath aids for babies, cots, hot water bottles, luggage straps, projectile toys, and swimming and floatation devices
- initiate a voluntary recall, to be published on the Product Safety Australia website
- publish the recall notice on the company website and display it at points of sale
- provide refunds on the recalled items
- implement a compliance program to help ensure they do not supply, or offer to supply, any banned or unsafe product.
Download the full text:
MRK Distributor Pty Ltd and Mounir Kassabian – Enforceable undertaking (PDF, 5.6 MB)
MRK Distributor Pty Ltd and Mounir Kassabian – Enforceable undertaking (Word, 23 MB)