Perth, Oct 15: The consumer watchdog has taken Kmart to the Federal Court, alleging the retailer sold millions of units of a nail glue that could burn customers’ skin without warning them of the danger, despite years of injury reports.
The Australian Competition and Consumer Commission (ACCC) alleges Kmart, owned by Wesfarmers, breached the Australian Consumer Law over its home-brand OXX cosmetic nail glue and several button battery products.
According to the ACCC, the glue can burn skin when it comes into contact with fabric such as clothing, tissues or wipes. The glue was sold both on its own and in packs with false nails.
The regulator alleges customers reported burn injuries to Kmart between August 2017 and December 2024. Some of those injuries needed medical treatment, including hospital stays and skin grafts. Other customers reported the glue producing smoke or chemical reactions.
The packaging carried other safety warnings, but the ACCC alleges Kmart did not warn about the burn risk until December 2024, even though it had known about the problem from customer reports. The ACCC says this amounted to false and misleading representations.
The watchdog also alleges Kmart sold about 64,000 Anko-brand watches containing button batteries between June 2022 and November 2024 without first testing them as required. They included two models of children’s digital watch and seven analogue models. Under mandatory standards in force since June 2022, suppliers must test products containing button batteries to show young children cannot open the battery compartment.
The ACCC further alleges Kmart sold more than 800 Anko Smart Tags, a GPS tracking device, whose warnings did not include all the information the button battery standard requires. Kmart recalled the Smart Tags in 2024 after the ACCC became involved.
ACCC Deputy Chair Catriona Lowe said the products posed a potential danger to consumers, including young children. She said the regulator would argue Kmart’s conduct reflected serious compliance failures.
Three children in Australia have died after swallowing button batteries. Severe or fatal injuries can occur within two hours, and the ACCC urges parents and carers to seek medical help immediately if they suspect a child has swallowed or inserted one.
The ACCC is seeking penalties, declarations, costs and other orders.
Kmart has been contacted for comment.
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