Online Giants Flout Toy Ban, Sell Illegal Goods

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Urgent Warning Issued Over Deadly Magnetic Toys Still on Australian Shelves

Parents across Australia are being strongly advised to conduct thorough checks of their homes for a range of potentially lethal magnetic toys. Consumer watchdog, the Australian Competition and Consumer Commission (ACCC), has uncovered that banned products featuring small, high-powered magnets are still being actively sold to unsuspecting Australians through major online retailers.

The ACCC has launched an investigation into the ongoing supply of these hazardous toys and games, which include items marketed as “magnetic chess” and “magnetic battle chess.” Concerns are escalating rapidly due to the severe risk of life-threatening internal injuries if these small magnets are accidentally swallowed by children.

The watchdog revealed that it has identified sellers continuing to list these prohibited products on prominent online marketplaces. In response, the ACCC has issued formal take-down requests to several major platforms, including Amazon, eBay, Kogan, and Fruugo, demanding the immediate removal of these dangerous items.

It is crucial to understand that magnetic toys have been subject to a permanent ban in specific product categories under Australian Consumer Law since 2012. This stringent regulation was put in place precisely because of the grave danger these small, powerful magnets pose to young children.

ACCC Deputy Chair Catriona Lowe underscored the severity of the situation, stating, “Small high-powered magnets can cause catastrophic, life-threatening internal injuries if swallowed. Multiple magnets can stick together in the intestine or digestive tissue. They are also a choking risk.”

Fortunately, in response to the ACCC’s intervention, Amazon, eBay, Kogan, and Fruugo have all committed to removing the offending listings. Furthermore, these platforms are implementing additional measures to prevent similar products from being relisted in the future. Kogan, Amazon, and Fruugo have also either already provided or are offering refunds to customers who have purchased products caught in this crackdown.

“We are extremely concerned that our investigation has detected sellers listing these banned products on online marketplaces,” Ms. Lowe emphasised. “We urge all online marketplaces to do more to prevent listings of these products to keep consumers, and especially young children, safe.”

Consumers who may have already purchased affected products are strongly urged to cease using them immediately. Parents should keep these items well out of reach of children and are advised to contact the seller directly to arrange for a refund.

The ACCC has confirmed that several products containing small, high-powered magnets have already been subject to recalls since the commencement of their investigation.

Mandatory Safety Standards and Business Responsibilities

Beyond the immediate concern of banned products, Australia also has a mandatory safety standard in place for toys that contain magnets. This standard dictates that such products must be designed in a way that prevents children from gaining access to small magnets during normal play.

The ACCC has issued a stern warning to all businesses that sell toys and games. They are being instructed to immediately review all products that contain magnets and to cease supplying any items that may be in breach of Australia’s product safety laws.

Recommendations for Consumers and Businesses

  • For Consumers:

    • Immediately check all toys in your home for small, high-powered magnets.
    • If you find any banned magnetic toys, stop using them instantly.
    • Keep these toys away from children and store them securely.
    • Contact the seller for a refund if you have purchased an affected product.
    • Report any suspected sales of banned magnetic toys to the ACCC.
  • For Businesses:

    • Conduct an urgent review of all toys and games containing magnets.
    • Immediately stop supplying any products that do not comply with Australian safety laws.
    • If non-compliant products are identified, initiate a voluntary recall and offer full refunds to customers.
    • Ensure all products meet the mandatory safety standard for toys containing magnets.

“We urge all online and bricks and mortar businesses to review their toys and games immediately and to act quickly to conduct a recall and provide refunds if non-compliant products are identified,” Ms. Lowe reiterated.

The ACCC has affirmed its commitment to continuing its investigation into the supply chain of these banned products and will not hesitate to pursue appropriate enforcement action where necessary.

In response to the ACCC’s concerns, an eBay spokesperson confirmed that the company has already taken action. “Consumer safety is a top priority for eBay. Following engagement with the Australian Competition and Consumer Commission, we conducted a review of listings relating to small high-powered magnets on our platform. Listings identified as non-compliant with eBay’s Product Safety Policy, including those subject to the permanent ban on small high-powered magnets, were promptly removed. We continue to take proactive steps to monitor and prevent the sale of unsafe products in this category.”

Amazon also emphasised its dedication to customer safety. “We have implemented a policy which prohibits magnetic battle chess games from being listed in our store, regardless of whether those products can be lawfully sold in Australia. Amazon is proud to be a founding signatory of the ACCC’s Product Safety Pledge, and we remain focused on providing the best experience for our Australian customers,” a spokesperson stated.

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