Cotton On Australia Pty Ltd (Cotton On) has paid penalties totalling $19,800 after the ACCC issued it with two infringement notices for failing to comply with mandatory product safety reporting requirements on two occasions.
Cotton On allegedly failed to submit mandatory reports within the required two days after it became aware of serious injuries relating to two products supplied by its subsidiaries Supre and Typo.
Under the Australian Consumer Law, suppliers must submit a report within two days of becoming aware of any death or serious injury or illness which may have been caused by the use or foreseeable misuse of their products.
The ACCC alleges that Cotton On failed to submit reports within the required time period in respect of injuries related to a Supre branded pair of jeans, and a Typo branded Christmas snow globe.
"Mandatory reporting helps the ACCC identify potentially unsafe products quickly and act promptly to protect consumers from harm. Suppliers must have systems in place to identify reportable incidents and notify the ACCC within the required two-day timeframe," ACCC Commissioner Luke Woodward said.
Cotton On has undertaken a risk assessment and additional safety testing of both products, which confirmed the reported injuries did not arise from a defect or safety issue with the products. The company cooperated with the ACCC and has strengthened its mandatory reporting compliance processes.
"While the ACCC has not identified any safety concerns about the products, Cotton On's alleged reporting failures delayed important product-safety information reaching us," Mr Woodward said.
"The failure to report serious safety incidents quickly is serious because it may delay urgent safety action, including recalls, and could put other consumers at risk of injury or death."
Cotton On has committed to conduct regular audits of consumer complaints it receives where an injury or illness is recorded for three years, to assess whether it has complied with its mandatory reporting obligations.
Product safety issues which have the potential to cause serious harm to consumers are an enduring ACCC priority.
Background
Cotton On is a wholly owned subsidiary of COGI Pty Ltd. Cotton On primarily operates in the clothing and retailing industry, focusing on young people's fashion, clothing and accessories with brands including Cotton On, Cotton On Kids, Cotton On Body, Factorie, Rubi, Supre, Typo and Ceres Life.
In December 2012, Cotton On Kids Pty Ltd was ordered by the Federal Court to pay $1 million in penalties after ACCC enforcement proceedings in relation to its supply of children's nightdresses and pyjamas which did not comply with mandatory fire safety labelling requirements.
A supplier of consumer goods or product-related services is required to submit a report within two days of becoming aware that a consumer good or product-related service it supplied caused, or may have caused, a death or serious injury or illness.
The ACCC is authorised to receive these reports, which can be made via the mandatory reporting webform on the ACCC Product Safety Website.
If a supplier fails to submit a mandatory report within two days of becoming aware of a reportable incident, they may be subject to criminal or civil penalties. If an incident involves a near miss, the ACCC strongly encourages suppliers to voluntarily report via the ACCC's voluntary report form.
In July 2026, the ACCC published updated guidance to assist suppliers in complying with their mandatory reporting obligations. More information about business reporting requirements is available at the ACCC Product Safety website.
The ACCC instituted proceedings against Kmart Australia Ltd in October 2026 over product safety concerns, including alleged non-compliance with mandatory reporting obligations.
The ACCC supports ongoing reforms to close gaps in Australia's product safety framework to prevent consumers being exposed to, and potentially harmed by, unsafe goods.
ACCC safety advice for consumers
Consumers who have suffered a serious injury or illness following use of a product, are encouraged to report it to the business. This assists businesses to investigate the issue and take action, where necessary. This may include recalling the product, changes to the product or providing information to consumers and/or submitting a mandatory report to the ACCC.
Consumers are also encouraged to report any product related injuries or illnesses to the ACCC. This helps us understand the issues causing the most harm to consumers.
Note
The ACCC can issue an infringement notice when it has reasonable grounds to believe a person or business has contravened certain consumer protection provisions in the Australian Consumer Law.
The payment of a penalty specified in an infringement notice is not an admission of a contravention of the Australian Consumer Law.
