New standards for suppliers to alert to dangers of toppling furniture
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New mandatory standards have been published requiring suppliers to provide consumers with particular safety warnings and advice about how to reduce toppling furniture incidents before, during and after product purchase.
On 3 May 2024, the mandatory Consumer Goods (Toppling Furniture) Information Standard 2024 (Information Standard) was published, following a recommendation from the Australian Competition and Consumer Commission (ACCC).
What are the new Information Standards?
The standards indicate that suppliers must:
- attach permanent warning labels to the furniture products covered by the Information Standard (with mandated text and graphics);
- display clearly visible point-of-sale warnings (both prominently on or near the products displayed instore, as well as made available online); and
- include information about the risks of toppling furniture in any assembly/instruction manuals supplied with the furniture products.
What furniture products must comply?
The types of furniture products covered by the Information Standard are free-standing clothes storage units (chests of drawers, tallboys, etc), wardrobes, bookcases, hall tables, display cabinets, sideboards and buffets with a height of 686mm or greater.
Entertainment units of any height are also captured. Furniture is excluded from the coverage of the Information Standard if it is of a kind that is designed to be affixed to a wall or other structure, and cannot be used unless it is so affixed.
Suppliers will be provided with a 12-month transition period to implement the new Information Standard and to comply with its product labelling requirements, etc. As such, the Information Standard will come into effect on 4 May 2025.
Consequences for non-compliance
Suppliers who supply furniture that fails to comply with the new Information Standard will be in breach of the Australian Consumer Law (ACL), with potential penalties ranging to the greater of:
- $50 million
- 3 x the value of the “reasonably attributable” benefit obtained from the conduct, if the court can determine this; or
- 30% of adjusted turnover during the breach period.
Seeking advice on compliance and label warnings?
If you require any further advice around the new Information Standard, or the compliance and content of your warning labelling and other instructional materials, please contact one of our experts.
For a full listing of the mandatory product safety and information standards administered by the ACCC, please see the mandatory standards on the product safety website. There are nearly 50 standards – some apply to more products than you’d think.
The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.
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New standards for suppliers to alert to dangers of toppling furniture
New mandatory standards have been published requiring suppliers to provide consumers with particular safety warnings and advice about how to reduce toppling furniture incidents before, during and after product purchase.
On 3 May 2024, the mandatory Consumer Goods (Toppling Furniture) Information Standard 2024 (Information Standard) was published, following a recommendation from the Australian Competition and Consumer Commission (ACCC).
What are the new Information Standards?
The standards indicate that suppliers must:
- attach permanent warning labels to the furniture products covered by the Information Standard (with mandated text and graphics);
- display clearly visible point-of-sale warnings (both prominently on or near the products displayed instore, as well as made available online); and
- include information about the risks of toppling furniture in any assembly/instruction manuals supplied with the furniture products.
What furniture products must comply?
The types of furniture products covered by the Information Standard are free-standing clothes storage units (chests of drawers, tallboys, etc), wardrobes, bookcases, hall tables, display cabinets, sideboards and buffets with a height of 686mm or greater.
Entertainment units of any height are also captured. Furniture is excluded from the coverage of the Information Standard if it is of a kind that is designed to be affixed to a wall or other structure, and cannot be used unless it is so affixed.
Suppliers will be provided with a 12-month transition period to implement the new Information Standard and to comply with its product labelling requirements, etc. As such, the Information Standard will come into effect on 4 May 2025.
Consequences for non-compliance
Suppliers who supply furniture that fails to comply with the new Information Standard will be in breach of the Australian Consumer Law (ACL), with potential penalties ranging to the greater of:
- $50 million
- 3 x the value of the “reasonably attributable” benefit obtained from the conduct, if the court can determine this; or
- 30% of adjusted turnover during the breach period.
Seeking advice on compliance and label warnings?
If you require any further advice around the new Information Standard, or the compliance and content of your warning labelling and other instructional materials, please contact one of our experts.
For a full listing of the mandatory product safety and information standards administered by the ACCC, please see the mandatory standards on the product safety website. There are nearly 50 standards – some apply to more products than you’d think.