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What should it take for a retailer to pull a product from sale?

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What should it take for a retailer to pull a product from sale?

For many people, buying glue-on manicure nails is a typical reason to visit Kmart. Yet according to the ACCC’s allegations, some customers’ encounters with its nail glue ended in hospital – including a child’s.

The regulator commenced Federal Court proceedings against the Wesfarmers-owned retailer last week, alleging it sold millions of its OXX Cosmetics nail glue products with insufficient warnings. It also alleges thousands of button battery products had breached mandatory standards.

Customers reported burns between August 2017 and December 2024, some required hospitalisation and skin grafts. Finally, it added a fabric-related burn warning in December 2024.

Kmart says it has strengthened its safety processes and maintains the nail glue warnings were appropriate to prevent misuse. “We regret any injury associated with these products and apologise to anyone affected,” a spokesperson said. Still, the allegations raise the question of how retailers should respond when a customer reports an injury associated with a product they sell.  

Dean Salakas has faced that question himself when a customer complained that a musical candle had exploded. Salakas, then running his family business, The Party People, contacted the supplier and immediately withdrew the stock. Weeks later, the supplier reported other incidents overseas, luckily, the candles remained off sale until they were eventually recalled.

“As soon as there’s a single complaint, I’d be investigating immediately with the supplier,” Salakas told Inside Retail. He said this while the cause was still being established, giving the investigation time to move the stock safely out of customers’ reach. 



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