ACCC Takes Dusk to Court Over Alleged Button Battery Breaches
Synopsis
The regulator claims the retailer failed to comply with Australia's mandatory button battery safety and information standards, despite previous enforcement action.
The Australian Competition and Consumer Commission (ACCC) has initiated proceedings in the Federal Court against the home goods retailer Dusk, alleging non-compliance with the national standards on the safety and labeling of button batteries by the retailer for the supply of 66,453 products between 17 May 2023 and 12 December 2024 involving 29 product types.
It is alleged by the ACCC that Dusk did not comply with the obligations undertaken by the retailer as part of the court enforceable undertaking entered into in April 2023, in connection with an earlier inquiry by the ACCC on similar matters.
Products at Centre of Safety Case
According to the regulator, these included LED candles, LED diffusers, tealights, snow globes, and seasonal/holiday decorations powered by button batteries.
According to ACCC, the 25 product ranges have been supplied in absence of compliance testing while the four product ranges were not subject to testing or warning requirements imposed under the Australian Consumer Product Safety Laws.
In addition to other measures, the regulator is seeking penalties, declarations, legal costs and orders for recovery of any financial gain resulting from such breaches.
Previous Compliance Action Revisited
In a bid to reduce the number of incidents, Australia introduced legislation on 22 June 2022 mandating safety and information measures for button batteries because of a number of serious injuries and fatalities that had occurred due to the ingestion of button batteries by children.
Prior to providing Dusk with an enforceable undertaking to improve their compliance measures, the ACCC served a number of infringement notices on Dusk in 2023 relating to the sale of several products containing some individual button batteries.
The retail giant ceased to sell four additional Christmas-related products in December 2024 and recalled them after discussing the matter with the regulator.
The company has been cooperative with the ACCC in their investigation and will be defending the proceedings. Having approximately 150 stores across Australia and New Zealand, the company registered sales of A$150.3 million for the fiscal year 2025, per the annual report.
Product Safety Australia will continue stating that button batteries can cause severe internal damage within 60 minutes of ingestion, particularly by children.
Source: Smart Company
Pooja Malik is a business journalist with over six years of experience covering startups, entrepreneurship, and emerging trends. She has previously worked with leading media platforms such as YourStory Media and BW BusinessWorld, where she reported on business, policy, and market developments. Currently, she serves as Editor at The Inspirepreneur Magazine, where she writes and edits stories across business, lifestyle, and travel, with a focus on clarity, accuracy, and reader relevance.
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