The Australian Competition and Consumer Commission has accepted a court-enforceable undertaking from car accessories chain Autobarn over claims made on the packaging of a personal breathalyser.
The Australian Competition and Consumer Commission has accepted a court-enforceable undertaking from car accessories chain Autobarn over claims made on the packaging of a personal breathalyser.
Autoboarn sold the AL6000 Lite personal digital breathalyser across its national network of stores during December 2007.
The packaging claimed the breathalyser – which was manufactured and packaged in Korea – met with an Australian standard for personal alcohol testing devices when it did not.
The ACCC says Autobarn has acknowledged that the representation made on the packaging may have been misleading or deceptive.
Autobarn has provided the ACCC with a series of court-enforceable undertakings, including that it will ensure any products sold that feature an Australian standard will comply with that standard. The chain will also publish corrective notices in national newspapers and in-store.
ACCC deputy chair Peter Kell said the case provides a valuable lesson for retailers. “Standards certifications are an important tool for consumers when making purchasing decisions.
“Every company, from the manufacturer through to the retailer, has an obligation to ensure that their products meet any certifications that may be represented on the packaging,” Kell says.
“A failure to do so has the potential to not only deceive consumers, but also lead to more serious safety implications.”
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