Hungry Jack’s pays $150k fine for Burping Garfield safety risk failure

Hungry Jack’s has copped a huge fine after failing to warn thousands of customers about the safety risks of a Garfield toy provided with kids meals.

Images of the Garfield toy supplied with Hungry Jack's kids meals in May 2024. Picture: ACCC

Hungry Jack’s has paid more than $150,000 in penalties after failing to warn thousands of customers about the safety risks associated with a Garfield toy provided with kids meals last year.

Between May 20 and May 30, the fast food chain handed out 27,850 of the ‘Burping Garfield’ toys, which were made in China and powered by button batteries.

An ACCC investigation alleged Hungry Jack’s did not advise customers that the toy contained button batteries, and failed to provide a warning about the risk of choking, which can be fatal for young children.

After issuing eight infringement notices for alleged breaches of Australian Consumer Law, the consumer watchdog has accepted a court-enforceable undertaking from Hungry Jack’s in which it admitted the Garfield toy was likely to have failed to comply with mandatory button battery standards.

Hungry Jack’s has paid a $150,000 fine for safety risk failures.

ACCC deputy chair Catriona Lowe said button batteries were extremely dangerous for young children, and several children had been seriously injured, and in some cases died, after swallowing or ingesting them.

“The ACCC continues to see non-compliant products on the market which pose unacceptable safety risks to vulnerable young children,” she said.

“We take non-compliance with these important standards seriously and will not hesitate to take enforcement action where appropriate.”

Hungry Jack’s recalled the Burping Garfield toy – a plastic toy that makes burping sounds when activated – last June, and customers can return the toy to their nearest Hungry Jack’s restaurant for a free replacement for a non-battery toy.

The fast food chain has also agreed to implement a compliance program designed to minimise the risk of future breaches of the Australian Consumer Law.

Businesses involved in the supply of button batteries and products containing them are required to comply with mandatory safety and information standards.

The safety standards require products containing button batteries to be sold in child resistant packaging and to have secure battery compartments to prevent children from gaining access to the batteries. The information standards require warnings and emergency advice on packaging and instructions.

Last month, the ACCC commenced Federal Court proceedings against surf, skatewear and accessories retailer City Beach over allegations it offered for sale 70 products containing button batteries which did not comply with the mandatory standards.

Companies including the Reject Shop, Dusk, Tesla, Repco and Supercheap Auto have previously paid penalties over alleged failures to comply with the safety and information standards.

Originally published as Hungry Jack’s pays $150k fine for Burping Garfield safety risk failure