Product Safety in AustraliaFind important problems. Fix them. Tell everyone.

Lauren Johnston Director, Product Safety Education & GovernanceAustralian Competition & Consumer Commission

Organisation of American States—CSHN Graduate CourseWashington DC, USA

23 May 2012

Australian Consumer Law (ACL)

• Regulatory environment: Competition and Consumer Act and the Australian Consumer Law

• ACL provides a single national product safety regime• Contains mandatory reporting requirements• Federal Minister can issue public warning notices • ACCC provided with stronger powers to undertake

market surveillance and enforce the new law

Bans and Standards—Mandatory regulations

• Currently 61 bans and mandatory standards• Products must meet these mandatory regulations

– Fines of up to $1.1 million for a corporation or $220,000 for an individual

• Permanent vs interim bans• Voluntary regulations

Newer (and possible future) product safety regulations

Last year• Bling dummies and

dummy chains• Tobacco graphic

health warnings

This year• Trampolines• Portable swimming pools• Lead in ceramic

dinnerware• Stability of domestic

furniture• Corded internal window

coverings

Surveillance and compliance

• Expanded surveillance team – around Australia• Increased focus on proactive compliance

more work with industryeffectiveness evaluation

Identifying and addressing emerging hazards

Risk assessment

• Benis nomograph• Clearinghouse• Product Safety Committee• Possible outcomes of a risk

assessment

Detailed assessments

• Detailed assessments can lead to – education campaigns (baby slings), – industry projects (drawstrings guideline), – proposals for new bans or standards, (‘bling’

dummies, trampolines, …) – Market surveys/testing (teeth whiteners,

lithium button batteries)– Chemical exposure/risk assessments

accessing whole-of-government data– recommendations for no action.

Emerging hazards – chemicals • New, dedicated chemicals section• Increased focus for compliance and

enforcement work• Recent assessments:

– Formaldehyde in hair straighteners– Hydrogen and carbamide peroxide

in teeth whiteners– Nitrosamines in dummies and

bottle teats– DMF in desiccant sachets– Lead in toys– Bromine in leather goods– Artificial turf

Product recalls

Recall effectiveness

• What do we ask for?– the number of products returned from within the

supply chain and from consumers – the number of complaints and inquiries that have

been received regarding the product and the nature of these complaints

– the number of inquiries that have been received from consumers regarding the recall and the nature of these inquiries

– whether the supplier deviated from the original plan at all in relation to the communication strategy or any other strategies and the reasons why.

Product safety education

• National online campaigns– Don’t be a Jackass

• Voluntary supplier guidelines– Drawstrings in children’s clothing

• Partnerships with stakeholders– The Battery Controlled– International film/AU version