Product recall
22 established claims - 22 refused by the grounding gate
Documented position9
What the body that runs or defines the thing says in its own documentation.
The ACCC states that a supplier is required under s128 of the Australian Consumer Law to tell the ACCC of a recall within 2 days of taking a recall action.
1 quote from 1 source
You are required under s128 of the Australian Consumer Law to tell us of the recall within 2 days of taking a recall action
The ACCC states that it receives the recall notification on behalf of the Commonwealth Minister.
1 quote from 1 source
The ACCC receives the recall notification on behalf of the Commonwealth Minister.
Section 122(1) of the Australian Consumer Law lets a responsible Minister issue a recall notice…
- for consumer goods.
- by written notice published on the internet.
2 quotes from 1 source
122 Compulsory recall of consumer goods
A responsible Minister may, by written notice published on the internet, issue a recall notice for consumer goods of a particular kind if:
The ACCC states that a business may need to…
- recall a product if the product is a risk to safety, does not comply with a mandatory standard, or does not comply with a product ban.
- notify the Australian Government Minister within 2 days if the product is a risk to safety, does not comply with a mandatory standard, or does not comply with a product ban.
1 quote from 1 source
If a product is a risk to safety, or it does not comply with a mandatory standard or product ban, the seller may need to recall it and notify the Australian Government Minister within 2 days.
- Product safety responsibilities | ACCC accc.gov.au
The inaugural signatories to the product safety pledge included AliExpress, Amazon Australia, Catch.com.au, eBay Australia and MyDeal.com.au.
1 quote from 1 source
The inaugural signatories included AliExpress, Amazon Australia, Catch.com.au, eBay Australia and MyDeal.com.au.
- Product recalls and safety – your rights choice.com.au
The ACCC states in its guide for businesses and legal practitioners that…
- a potential safety issue behind a recall does not automatically amount to a major failure.
- each of the goods subject to the recall would need to be considered individually.
2 quotes from 1 source
Sometimes, a manufacturer may recall goods in order to fix a potential safety issue
If so, the potential safety issue with the good does not automatically amount to a major failure on the basis that the car is unsafe. Each of the goods subject to the recall would need to be considered individually.
Measured finding5
Something someone actually measured, with the method attached.
The ACCC states that the Takata airbag recall is the most significant compulsory recall in Australia's history.
1 quote from 1 source
The Takata airbag recall is the most significant compulsory recall in Australia’s history, involving more than 3 million vehicles.
- Hundreds of consumer products are recalled every year in Australia.
- On average, only about half of the consumer products recalled each year in Australia are returned to the company.
1 quote from 1 source
Of the hundreds of consumer products recalled every year in Australia, on average only about half will be returned to the company.
- Product recalls and safety – your rights choice.com.au
CHOICE reports that there…
- is no recall standard
- are no benchmarks that a recall process needs to meet
1 quote from 1 source
In fact, there’s no recall standard at all (although there are guidelines that suppliers or companies should adhere to) and no benchmarks that a recall process needs to meet.
- Product recalls and safety – your rights choice.com.au
Practical effect3
What is observed to happen in practice, as distinct from what is documented.
Consumer Affairs Victoria states that a supplier usually asks consumers voluntarily to dispose of or return a recalled product for a refund, replacement or modification.
1 quote from 1 source
Usually, the supplier voluntarily asks consumers to dispose of or return the product for a refund, replacement or modification.
- Banned products and recalls - Consumer Affairs Victoria consumer.vic.gov.au
CHOICE reports that ACCC data suggests only about half of affected products are returned to sellers.
1 quote from 1 source
But return rates can vary widely and ACCC data suggests that only about half of affected products are returned to sellers.
- Product recalls and safety – your rights choice.com.au
CHOICE reports that almost 400 product recalls were issued in 2021.
1 quote from 1 source
In 2021, almost 400 product recalls were issued
- Product recalls and safety – your rights choice.com.au
Changed on2
A dated change. This is where advice quietly stops being true.
CHOICE reports that the ACCC launched an Australian product safety pledge in 2020.
1 quote from 1 source
Recognising the growing popularity of online shopping, the ACCC launched an Australian product safety pledge in 2020.
- Product recalls and safety – your rights choice.com.au
A compulsory recall for all vehicles with defective Takata airbags was issued on 27 February 2018.
1 quote from 1 source
A compulsory recall for all vehicles with defective Takata airbags was issued on 27 February 2018.
Repeated, with no primary source in reach3
Widely repeated in the field. Within the documents this sweep read, it traces only to other repetitions - which is a fact about our reading as well as about the idea, until each one has been searched for on its own.
Kmart states that it will accept a product return under consumer guarantees where the product has been recalled.
2 quotes from 1 source
Kmart will accept product returns under consumer guarantees where:
The product has been recalled
- CHOICE states that the standard repair, replace or refund provisions apply in relation to recalls.
- CHOICE states that which repair, replace or refund provision a consumer gets depends on the risk analysis of the recall.
1 quote from 1 source
The standard repair, replace or refund provisions apply in relation to recalls. Which one you get depends on the risk analysis of the recall, according to the ACCC.
- Product recalls and safety – your rights choice.com.au
Refused22
Claims the research produced that the grounding gate would not accept, with its reason. They are here because a site that only shows what passed gives you no way to judge whether the gate does anything.
Show what was refused
The product recall was permanent.
Refused: The quote states a permanent ban, not that the product recall was permanent.
Unsupported: product recall was permanent
What it rested on
A permanent, Australia-wide ban on small, high-powered magnets came into effect on 15 November 2012.
The product recall was Australia-wide.
Refused: The quote states an Australia-wide ban, not that the product recall was Australia-wide.
Unsupported: product recall
What it rested on
A permanent, Australia-wide ban on small, high-powered magnets came into effect on 15 November 2012.
The product recall applied to small, high-powered magnets.
Refused: The quote states a ban on small high-powered magnets, not that a product recall applied to them.
Unsupported: product recall applied
What it rested on
A permanent, Australia-wide ban on small, high-powered magnets came into effect on 15 November 2012.
The product recall came into effect on 15 November 2012.
Refused: The quote states a ban, not a product recall, so the specific claim overreaches.
Unsupported: product recall
What it rested on
A permanent, Australia-wide ban on small, high-powered magnets came into effect on 15 November 2012.
The ACCC states that offering a remedy under a recall does not remove the consumer's rights to an alternative remedy under the consumer guarantees in the Australian Consumer Law.
Refused: The quote is cited from productsafety.gov.au, not from ACCC, so the specific attribution to ACCC is unsupported.
Unsupported: The ACCC states
What it rested on
Offering a remedy under a recall does not remove the consumer’s rights to an alternative remedy under the consumer guarantees in the Australian Consumer Law.
Section 128(2) of the Australian Consumer Law requires a person who voluntarily recalls consumer goods to give the Commonwealth Minister a written notice.
Refused: The quotes support a section 128 notification requirement and written notice obligation, but do not identify subsection (2).
Unsupported: Section 128(2)
What it rested on
128 Notification requirements for a voluntary recall of consumer goods
The person must, within 2 days after taking the action, give the Commonwealth Minister a written notice that complies with subsection (7).
Section 128(2) of the Australian Consumer Law requires that the written notice be given within 2 days after the person voluntarily recalls consumer goods.
Refused: The quotes show a section 128 requirement for a voluntary recall but do not identify subsection 128(2) or the Australian Consumer Law.
Unsupported: Section 128(2) of the Australian Consumer Law
What it rested on
128 Notification requirements for a voluntary recall of consumer goods
The person must, within 2 days after taking the action, give the Commonwealth Minister a written notice that complies with subsection (7).
Section 122(1)(c) of the Australian Consumer Law conditions a compulsory recall notice on it appearing to the responsible Minister that one or more suppliers have not taken satisfactory action to prevent the goods causing injury.
Refused: The quote contains the condition wording but does not identify Section 122(1)(c) or the Australian Consumer Law.
Unsupported: Section 122(1)(c) of the Australian Consumer Law
What it rested on
it appears to the responsible Minister that one or more suppliers of such goods have not taken satisfactory action to prevent those goods causing injury to any person.
Section 123(1)(c) of the Australian Consumer Law allows a recall notice to require a supplier to inform the public.
Refused: The quotes mention informing the public via a notice but do not identify the cited section or the Australian Consumer Law.
Unsupported: Section 123(1)(c) of the Australian Consumer Law
What it rested on
inform the public, or a class of persons specified in the notice, that the supplier undertakes to do whichever of the following the supplier thinks is appropriate:
refund to a person to whom the goods were supplied (whether by the supplier or by another person) the price of the goods.
The information that a recall notice under section 123(1)(c) of the Australian Consumer Law may require a supplier to give to the public is that the supplier undertakes to do whichever of repairing, replacing or refunding the supplier thinks is appropriate.
Refused: The quotes mention informing the public and a refund, but they do not include repairing or replacing as options.
Unsupported: repairing, replacing or refunding
What it rested on
inform the public, or a class of persons specified in the notice, that the supplier undertakes to do whichever of the following the supplier thinks is appropriate:
refund to a person to whom the goods were supplied (whether by the supplier or by another person) the price of the goods.
Section 123(4) of the Australian Consumer Law lets a recall notice specify that a refund may be reduced for the use a person has had of the goods where more than 12 months have elapsed since they acquired them from the supplier.
Refused: The quotes state the refund-reduction and 12-month rule but do not identify it as Section 123(4) of the Australian Consumer Law.
Unsupported: Section 123(4) of the Australian Consumer Law
What it rested on
a period of more than 12 months has elapsed since a person (whether or not the person to whom the refund is to be made) acquired the goods from the supplier;
the amount of a refund may be reduced by the supplier by an amount calculated in a manner specified in the notice that is attributable to the use which a person has had of the goods.
Section 124(4) of the Australian Consumer Law requires the supplier to pay the cost of a recall repair or replacement, including any necessary transportation costs.
Refused: The quote supports the payment obligation but does not identify Section 124(4) or recall context.
Unsupported: Section 124(4) of the Australian Consumer Law
What it rested on
the cost of the repair or replacement, including any necessary transportation costs, must be paid by the supplier.
The ACCC states that a supplier conducting a recall is responsible no matter where it sits in the supply chain, whether manufacturer, importer, distributor or retailer.
Refused: The quote supports the responsibility language but is not marked as an ACCC statement.
Unsupported: The ACCC states
What it rested on
You are responsible no matter where you are in the supply chain – manufacturer, importer, distributor or retailer.
The ACCC states that a consumer who owns a recalled product should stop using it.
Refused: The quote is from productsafety.gov.au and does not attribute the statement to the ACCC.
Unsupported: The ACCC states
What it rested on
If you own a recalled product, stop using it and contact the supplier for a repair, replacement or refund.
The ACCC states that a consumer who owns a recalled product should contact the supplier for a repair, replacement or refund.
Refused: The quote supports the instruction but is cited to productsafety.gov.au, not the ACCC, so the ACCC attribution is unsupported.
Unsupported: The ACCC states
What it rested on
If you own a recalled product, stop using it and contact the supplier for a repair, replacement or refund.
The Takata airbag recall is the largest car-related recall in Australia.
Refused: The quote says 'This is the largest car-related recall in Australia' but never identifies the recall as the Takata airbag recall.
Unsupported: Takata airbag recall
What it rested on
This is the largest car-related recall in Australia, affecting two in every seven vehicles.
The Takata airbag recall affects two in every seven vehicles.
Refused: The quote says the largest car-related recall in Australia affects two in every seven vehicles, but it does not name the Takata airbag recall.
Unsupported: The Takata airbag recall
What it rested on
This is the largest car-related recall in Australia, affecting two in every seven vehicles.
In the product recall, 23 deaths worldwide have been linked to Takata airbags.
Refused: The quote states 23 deaths worldwide linked to 'the airbags' but does not name Takata.
Unsupported: Takata airbags
What it rested on
There have been 23 deaths and 230 injuries worldwide linked to the airbags, including one death and one serious injury in Australia.
In the product recall, 230 injuries worldwide have been linked to Takata airbags.
Refused: The quote only says 'the airbags' and does not specify that the 230 injuries were linked to Takata airbags.
Unsupported: Takata airbags
What it rested on
There have been 23 deaths and 230 injuries worldwide linked to the airbags, including one death and one serious injury in Australia.
In the product recall, one death in Australia has been linked to Takata airbags.
Refused: The quote links one death in Australia to 'the airbags' but does not name Takata.
Unsupported: Takata airbags
What it rested on
There have been 23 deaths and 230 injuries worldwide linked to the airbags, including one death and one serious injury in Australia.
In the product recall, one serious injury in Australia has been linked to Takata airbags.
Refused: The quote links one serious injury in Australia to 'the airbags' but does not name them as Takata airbags.
Unsupported: Takata airbags
What it rested on
There have been 23 deaths and 230 injuries worldwide linked to the airbags, including one death and one serious injury in Australia.
The ACCC states that the Takata airbag recall involves more than 3 million vehicles.
Refused: The quote supports the recall involving more than 3 million vehicles but does not establish that the ACCC stated it.
Unsupported: The ACCC states
What it rested on
The Takata airbag recall is the most significant compulsory recall in Australia’s history, involving more than 3 million vehicles.