The Federal Court has found that fashion retailer Fewstone, trading as City Beach, breached the Australian Consumer Law by selling a range of consumer novelty products that did not comply with mandatory button battery safety and information standards.
The Court found that between June 2022 and October 2024 City Beach sold more than 60 product types containing button batteries that did not comply with the button battery safety and/or information standards. The products included toys, digital notepads, keyrings, lights and light-up Jibbitz accessories for Crocs shoes.
The Court also found that, during this period, City Beach supplied the non-compliant button battery products on more than 54,000 occasions.
"We brought this case because we believed the wide array of non-compliant products sold by City Beach exposed consumers to unacceptable safety risks," ACCC Deputy Chair Catriona Lowe said.
"Button batteries are incredibly dangerous for young children, and compliance with Australia's button battery safety and information standards is critical."
"This decision by the Court should send a strong warning to retailers and manufacturers that supply of consumer goods powered by button batteries which do not comply with the standards risk enforcement action by the ACCC," Ms Lowe said.
This was the first proceeding to be brought by the ACCC for an alleged breach of the button battery safety standards.
As well as making declarations, the Court ordered City Beach to implement a consumer law compliance program and undertake advertising as part of its voluntary recall of the products in question.
The Court has reserved its decision on penalty and costs.
To check if a product has been recalled, visit the ACCC product safety website or contact City Beach.
Examples of the recalled products subject to the court proceedings
Background
The ACCC commenced Federal Court proceedings against City Beach in April 2025.
City Beach is a national retailer primarily offering surf and skate consumer goods including clothing, accessories and novelty items.
Button batteries pose a significant risk to young children. If swallowed, a button battery can become stuck in a child's throat and result in serious lifelong injuries or death. Insertion into body parts such as the ears or nose can also lead to serious injuries.
In Australia, three children have died from inserting or ingesting button batteries. Children up to 5 years of age are at greatest risk of injury from button batteries.
Australia's mandatory button battery standards, which came into effect in June 2022, aim to reduce the risk of death or serious injury caused by button batteries.
The safety standard requires products to have secure battery compartments that are designed to be resistant to being opened by children. This is to prevent children from gaining access to button batteries. The information standard requires safety warnings to be provided with products, including seeking urgent medical advice in certain circumstances.
