Australia Product Bans

What will lead to a product being completely banned from sale by ACCC?

A group of banned products in shipping cartons

One of the leading priorities of the Australian Competition and Consumer Commission (ACCC) is to protect the Australian public from dangerous products. If there’s any risk that a product might cause injury, illness or death, it’s likely that the product will be banned.

In some cases, a ban can be overcome. If a product is re-engineered to address any safety issues, then following re-approval, and with the correct compliance certification, it could be made available for sale.

Liability

Importantly, the liability for banned product breaches lies with the supplier. This could mean the importer, distributor or retailer, or all of the above. The penalties for breaches are substantial. Not only will the supplier be required to stop supplying the product, but the goods will also have to be removed from all retail outlets and retrieved from consumers and the entire supply chain. Depending on the seriousness of the breach, fines of up to $50,000,000 can be levied to the offending company.

HOW TO AVOID ACCIDENTAL BREACHES

Anyone supplying products to Australian customers can avoid making inadvertent breaches by following a few straightforward steps:

  • Implement a product compliance system: this will mean your company can be certain that its products meet mandatory Australian standards.
  • If you’re an online retailer, block non-compliant products from being shipped to Australian customers.
  • Subscribe to Product Safety Australia’s email alerts to stay ahead of the latest developments.

If you have any doubts about the compliance status of any of your current product portfolio, the quickest and most certain way to avoid any issues may be to seek expert advice.

Some products that are currently banned in Australia include:

  • Candles with lead wicks (can lead to lead poisoning)
  • Children’s items containing DEHP (toxicity)
  • Small, high powered magnets (risk of internal injury)
  • Toothpaste containing DEG (toxicity)

This communication (including any attachment) has been prepared by BWES and is based on the available information at the time of publication and is believed to be true and accurate. The information contained in this communication should be used as a guide only and may cease to apply if applicable regulation or the product’s design or application is altered. BWES does not take responsibility for any Injury, Loss for damage suffered by any party’s interpretation or decisions made by any party on the information provided in this communication.