Massive fines introduced for anyone not complying with new button battery safety measures

Businesses and individuals who supply products with button batteries could be fined millions of dollars if they fail to comply with new safety measures.

Corporations and individuals who supply products with button batteries could be fined millions of dollars if they fail to comply with safety measures.

While the ruling is too late for Sunshine Coast child Summer Steer, 4, of Tewantin, who tragically passed away in June 2013 after swallowing a button battery, the new standards introduced from Wednesday will be welcomed by her mum Anthea Shoesmith and other parents who have been campaigning relentlessly to stop another child from losing their life.

The new safety measures will apply to all products containing the batteries, also known as coin cell batteries, including personal and household products such as children’s toys, hearing aids, lights, watches, remote controls, digital thermometers and bathroom scales.

“These world-first standards are a critical step in helping prevent potentially life-threatening injuries to children,” Australian Competition and Consumer Commission deputy chair Delia Rickard said.

“Tragically, three children have died and one child a month is seriously injured from swallowing or ingesting button batteries,” she said.

X-ray of a Brisbane child that had swallowed some button batteries. Picture: Liam Kidston.

For corporations, the maximum financial penalty for a breach will be the greater of $10,000,000, three times the value of the benefit received, or 10 per cent of annual turnover in the preceding 12 months where the benefit cannot be calculated.

For individuals, the maximum financial penalty will be $500,000.

Under the new standards products must have secure battery compartments to prevent children accessing the batteries and they must be supplied in child-resistant packaging.

Products and batteries must also have additional warnings and emergency advice on the batteries, packaging and instructions and suppliers must ensure the products have been compliance tested.

All levels of the supply chain are legally required to comply with the mandatory standards and the ACCC will be working with state and territory regulators to monitor compliance and take enforcement action when necessary.

Summer Steer, 4, from Tewantin, who died after swallowing a lithium battery in 2013. Picture: Supplied

“Inspectors will be out looking for unsafe products both online and in stores such as discount retailers, variety shops, major retailers, pharmacies, newsagents and at large events,” Ms Rickard said.

“Businesses are on notice that serious penalties may apply if we find unsafe or non-compliant products.”

Ms Rickard said the ACCC had been working with the business community during the past 18-months since the standards were announced.

“We have been explaining the standards during this transition period to support businesses make the required changes to their products,” she said.

“Already, businesses have recalled a number of different products – everything from novelty light-up toys, to children’s clothing, remote controls for smoke alarms and ceiling fans to even a yoghurt that had a light-up lid.”

The ACCC is also urging consumers to check for unsafe button batteries in their homes.

Originally published as Massive fines introduced for anyone not complying with new button battery safety measures