$500,000 fine for failure to comply with mandatory standards

$500,000 fine for failure to comply with mandatory standards

Did you know that mandatory standards may apply to your products?  Mandatory standards are rules that require specific safety information or features be present in certain products.  Supplying products that fail to adhere to any applicable mandatory standards is considered an offence in Australia and can result in very hefty penalties.

In the product development stage, it is easy to overlook legalities when the focus is on design and manufacture and getting your product to market.  However, mandatory standards must be given appropriate weight as non-compliance can be very costly.  The Federal Court recently ordered online retailer Ozsale Pty Ltd to pay penalties of $500,000 for a failure to comply with the mandatory standards for children’s nightwear.

Children’s nightwear is subject to strict regulations regarding flammable fabrics.  They must fit in with one of four categories of ‘fire hazard’ and include the relevant warning label.  Garments that are so flammable that they do not fit into one of the four categories must not be sold.

Some examples of other products that require retailers to comply with mandatory standards include bean bags, sunglasses, cots, baby dummies and clothing.  Additionally, Ozsale and other recent cases have shown that online retailers must also comply with mandatory standards.

Don’t risk the expensive penalties – I’ve worked with many retailers to bring their products in line with Australian law.  If you need advice regarding your compliance mandatory standards, give me a call on 1300 033 934 or email me at  for a no obligation chat.

Source: ACCC