The ACCC has commenced Federal Court proceedings against Dusk Australasia Pty Ltd (Dusk) (a wholly-owned subsidiary of Dusk Group Limited, ASX: DSK), alleging it supplied homewares containing button batteries that did not comply with mandatory button battery safety and information standards, in breach of the Australian Consumer Law. It is also alleged that Dusk breached a court-enforceable undertaking it had previously provided to the ACCC.
The ACCC alleges that between 17 May 2023 and 12 December 2024, Dusk supplied 66,453 products, comprising 29 different product lines, that did not comply with mandatory button battery safety and information standards.
The items included candles, diffusers, tealights, snow globes and other LED products, many of which were Christmas, Easter or Halloween themed. These may be attractive to young children who are most at risk of harm from button batteries.
"Button batteries can cause catastrophic injuries or death if swallowed by young children, so it is crucial that businesses take their product safety obligations seriously. Failing to test products for compliance with the mandatory button battery standards before supply to consumers creates an unacceptable safety risk, particularly for young children," ACCC Deputy Chair Catriona Lowe said.
The ACCC alleges 25 of the product lines sold were not tested prior to supply to consumers, as required under the mandatory safety standard. Dusk later obtained tests to confirm the products passed the relevant safety requirements. However, this testing had not been conducted before the products were supplied to consumers as is required under the standard.
In addition, four product lines failed to include the safety warnings required by the mandatory information standard. This means consumers did not receive information that products contained button batteries - information that may be important to a purchase decision or enabling precautions after purchase.
"Compliance with the mandatory button battery standards is an ACCC compliance and enforcement priority. Businesses must ensure they have adequate policies and procedures in place to comply with these standards," Ms Lowe said.
In April 2023, the ACCC accepted a court-enforceable undertaking from Dusk after it supplied Halloween-themed novelty products containing button batteries that did not comply with the mandatory safety standards. Dusk also paid $106,560 in penalties after the ACCC issued eight infringement notices relating to the supply of non-compliant button battery product lines.
"We are extremely concerned as Dusk allegedly supplied tens of thousands of products that did not comply with button battery standards designed to protect young children who are most at risk of serious injury, despite having previously given an undertaking to the ACCC that it would not do so," Ms Lowe said.
"We take any breach of formal undertakings given to the ACCC very seriously. These commitments exist to ensure accountability, trust and compliance with the law. We will not hesitate to take action whenever we see these obligations not being met."
The ACCC alleges Dusk breached this undertaking each time it supplied or offered to supply products that did not comply with the button battery standards.
The ACCC is seeking declarations, penalties, costs and an order requiring Dusk to pay an amount reflecting any financial benefit it obtained from the alleged breaches, and other orders.
Recalled products
The ACCC's proceedings include the supply of four products which failed to comply with the mandatory button battery information standard. Following contact from the ACCC in December 2024, Dusk stopped supplying these four Christmas candle product lines and on 20 December 2024 published a recall for these products.
ACCC safety advice for consumers
Button batteries are dangerous to children if swallowed or inserted. They can become stuck in a child's throat and result in fatal or serious injuries in two hours or less.
Children up to five years of age are at greatest risk because of their narrower oesophagus and tendency to place small objects into their mouths, ears and noses. Preventing access to button batteries is critical. If a consumer suspects a button battery has been ingested or inserted they should:
- call Triple Zero (000) immediately if the child is bleeding or having any difficulty breathing
- call 13 11 26 immediately for 24/7 fast and expert advice from the Poisons Information Centre.
- not wait for symptoms to develop.
- not let the child eat or drink.
- not induce vomiting.
Consumers who have bought a product that does not comply with mandatory product safety standards or is unsafe can report it to the ACCC. We also recommend reporting it to the supplier, so they are aware of the issue.
If consumers have an affected product, they should:
- Stop using the product immediately and keep it out of reach of children.
- Contact Dusk to receive the warning information or visit the Dusk product recalls webpage for more information.
Background
Dusk primarily sells homewares such as candles and home fragrance products, including essential oils, diffusers and fragrance-related items. Dusk supplies products in-store and online with 150 stores nationally, including two online stores.
Under the mandatory safety and information standards, products that contain button batteries must have a secure battery compartment, pass compliance testing prior to supply and offer to supply and must include safety warning information.
The mandatory standards and further information about recalls and button battery safety, including a consumer button battery guide, is available on the ACCC Product Safety website.
Businesses were given 18 months to prepare for the button battery standards before they became mandatory in June 2022. The ACCC also engaged extensively with industry and published guidance to help suppliers understand their obligations.
Concise statement
This document contains the ACCC's initiating court document in relation to this matter. We will not be uploading further documents in the event that this initial document is subsequently amended.
ACCC v Dusk concise statement ( PDF 392.5 KB )
