Failing to display warning labels on the retail packaging of portable spas has prompted the supplier to introduce strict new quality assurance procedures and donate $10,000 to Royal Life Saving Australia.
The measures are part of an enforceable undertaking entered into by Hunter Products Pty Ltd and its sole director Jeffrey Donald Hunter after Consumer Protection commenced legal action in the Perth Magistrate’s Court over the incident.
In February 2018, Hunter Products supplied two portable ‘Bestway Lay-Z-Spa Miami’ spas to a Perth retailer for resale.
While attending the store in October 2018, Consumer Protection inspectors identified that the retail packaging for the spas did not contain compulsory warning labels to alert the buyer of the drowning risks and need to investigate local fencing laws if the pool can hold 30 centimetres of water.
The inspectors alerted the store to the issue and the spas were subsequently withdrawn from sale.
Commissioner for Consumer Protection Penny Lipscombe said she had accepted the terms of the enforceable undertaking following discussions with the company about the extensive measures it would implement to prevent this happening again.
“In addition to the donation to Royal Life Saving Australia, the company is required to conduct additional inspections of all imported spas to ensure they contain the safety warnings, keep records of this process and promote our swimming pool safety campaign for the next 24 months,” Ms Lipscombe said.
“As product safety regulators, we are particularly focused on portable pools given a child can drown in three centimetres of water in just 20 seconds.
“Research has shown that the best place to inform consumers about safety risks is at the point-of-sale and therefore it is vital suppliers ensure their pools and spas are compliant with the mandatory labelling safety standard.”
