City Beach has voluntarily recalled these products: (clockwise from right), LED light orbs, Crocs charms, a Tamagotchi and a unicorn keyring. Photos: ACCC.
In the first case of its kind, the national consumer watchdog is taking surfing, skating and accessories retailer City Beach to court over alleged breaches around button batteries.
On Thursday (3 April), the Australian Competition and Consumer Commission (ACCC) announced it had begun Federal Court proceedings against Fewstone Pty Ltd, trading as City Beach.
The watchdog alleges that between June 2022 and October 2024, City Beach had been selling 70 product lines containing button batteries that did not comply with Australia’s mandatory safety standards.
These product lines included toys, digital notepads, keyrings, lights and light-up Jibbitz accessories for Crocs shoes.
The retailer also allegedly supplied 57,358 individual non-compliant button battery products.
“The products were, predominately, low-value items which were targeted to, or appealing to, children, such as light-up toys and novelty items,” the ACCC alleged in documents filed with the court.
City Beach has 66 stores around Australia, including Belconnen in the ACT as well as Wollongong, Shellharbour and Nowra in NSW.
In the documents filed with the court, the ACCC said “button” or “coin” batteries were small, circular-shaped batteries. If swallowed or inserted, these batteries can lodge in a child’s throat and cause serious injury or death within two hours.
“We are taking this action because, we allege, City Beach exposed consumers to the risks associated with button batteries and failed to inform them of these risks,” ACCC deputy chair Catriona Lowe said.
“Button batteries are incredibly dangerous for young children, and tragically in some cases have led to serious injuries or death when swallowed, inserted or ingested.
“Australia’s button battery standards exist to reduce the risk of death or serious injury posed by button batteries.”
The ACCC says this is the first case it has taken to the Federal Court for an alleged breach of the button battery standards.
It is seeking penalties, declarations, injunctive relief and costs.
Ms Lowe said the ACCC was responsible for enforcing the button battery standards and worked with state-based consumer agencies.
“This action is a result of that partnership, with concerns about City Beach’s supply of button battery products first identified through surveillance and then progressed to the ACCC for investigation,” she said.
“In 2022 and 2023, City Beach received warnings from NSW Fair Trading and the Queensland Office of Fair Trading in relation to the supply of potentially non-compliant button battery products.
“The standards have been in existence since 2020, in effect since 2022 and have been the subject of escalating compliance and enforcement work by ACL regulators, including the ACCC.”
The safety standard requires products to have secure battery compartments designed to be resistant to being opened by children.
City Beach was contacted for comment but did not respond by the time of publication.
The ACCC says if you suspect a child has swallowed or inserted a button battery:
- Call triple zero (000) immediately if your child is having any difficulty breathing.
- Call the Poisons Information Centre immediately on 13 11 26.
- Do not wait for symptoms to develop.
- Do not let the child eat or drink.
- Do not induce vomiting.
More on button battery safety is available by clicking here.
For more information on the ACCC’s case against City Beach, click here.
