ACCC begins Kmart court case in nail glue, button battery case

Kmart store
Kmart has previously engaged with the ACCC on some of the products

Australia’s consumer watchdog has begun its Federal Court action against Kmart Australia over allegations about its nail glue and products containing button batteries.

The ACCC claims that the Wesfarmers-owned retailer is in breach of Australian Consumer Law after selling “millions” of units of the cosmetic nail glue without warning, and “thousands” of units of button battery products that did not meet mandatory requirements.

The nail glue products failed to include a warning of a risk of serious injury from burns, the ACCC alleged. The button battery products sold included watches and GPS smart tags.

“Kmart sold millions of units of some of these products, each posing a potential danger to consumers, including young children,” claimed the ACCC’s deputy chair, Catriona Lowe.

“We will allege Kmart’s conduct showed serious compliance failures which exposed the public to a significant risk of product safety harm.”

The commission is seeking penalties, declarations, costs and other orders.

Consumers reported burn injuries to Kmart between August 2017 and December 2024, the case claims. The allegations say that these burns required medical treatment, including incidences of hospitalisation and skin grafts.

“Many of these reports related to injuries associated with fabric. Some customers also reported chemical reactions or smoke while using the nail glue,” the ACCC added.

Kmart added a safety warning to the product about the risk of burns when in contact with fabric in December 2024.

The alleged button battery transgressions pertain to Kmart’s sale of around 64,000 watches between June 2022 and November 2024.

“Button batteries are potentially deadly to young children if swallowed or inserted. We expect all businesses, especially large retailers like Kmart, to have consumer safety front of mind,” Lowe said.

Kmart is also accused of supplying more than 800 units of Anko-branded GPS tracking devices, which were then recalled in 2024 following engagement with the ACCC.

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