ACCC takes Kmart to court over nail glue burns and button battery safety

The Australian Competition and Consumer Commission (ACCC) has commenced Federal Court proceedings against Kmart Australia over alleged breaches of the Australian Consumer Law. The legal action follows claims that the retail heavyweight sold over two million units of nail glue that caused serious chemical reactions and failed to meet safety standards regarding button batteries in various products.

Investigations by the consumer watchdog suggest that Kmart was aware of multiple incidents where customers suffered severe skin injuries but failed to notify the relevant authorities within the mandatory timeframe. Furthermore, the ACCC alleges that certain products containing button batteries did not comply with essential safety packaging requirements, posing a significant risk to younger demographics.

“This litigation underscores the non-negotiable obligation of major retailers to prioritise public safety over supply chain efficiency in the Australian marketplace.”

Kmart could face significant pecuniary penalties if the court finds in favour of the ACCC. As the case progresses, it serves as a critical reminder to the retail sector that the integrity of consumer protection laws remains a pillar of the Australian trade environment, with the watchdog showing no hesitation in pursuing even the largest market players.