Fake cigarettes and toys that are ‘essentially weapons’: Choice refers online retailers to regulator over unsafe products

Lead

Australia's consumer advocacy group Choice has formally referred online retailers to the national competition regulator over the sale of unsafe and potentially banned products, including toy-like cigarette lighters, fake tongue studs and items it described as "essentially weapons." The move highlights growing concern about the safety of goods sold through online marketplaces.

Coverage comparison

The Australian Broadcasting Corporation reported that Choice warned about potentially dangerous toys and products on online retail giants, including fake novelty cigarettes, cigarette lighters that resemble toys, and removable tongue studs. The ABC noted that legal loopholes allow online retailers to avoid responsibility for unsafe products, and that Choice has called for a general safety provision to ensure businesses sell safe products.

The Guardian reported that Choice's investigation found unsafe products on online marketplaces, including toy-like novelty lighters, fake tongue studs and gel blasters. The Guardian said Choice asked the ACCC to take action against retailers and review product safety laws. It also reported that the ACCC had launched federal court action against Amazon for non-compliance with button battery warning requirements, and that Amazon, Shein and Temu responded to Choice's findings, emphasizing customer safety.

Key claims

Choice's investigation, as reported by both the ABC and The Guardian, identified a range of unsafe products available on platforms such as Amazon, Temu, AliExpress and eBay. These included fake novelty cigarettes that produce a puff of smoke, cigarette lighters designed to look like toys, and removable tongue studs that could become choking hazards. The Guardian also reported that Choice found flick knives, butterfly knives and gel blasters, which Choice described as "essentially weapons."

Both outlets reported that Choice has formally complained to the ACCC, urging the regulator to take action against the retailers and to review Australia's product safety laws. The Guardian noted that Choice made a "super complaint," a designation it can use only once a year and which requires the ACCC to respond within 90 days.

The ACCC, according to both outlets, has launched federal court action against Amazon, alleging it sold children's unicorn backpacks through its Australian website without mandatory button battery safety warnings. The ABC reported that the backpacks included a detachable light-up unicorn plush toy containing button batteries, and that the ACCC said the products posed a serious hazard to children. The Guardian said the ACCC had also asked several online marketplaces to remove banned and potentially deadly toys and games as part of an investigation into small high-powered magnets.

The Guardian reported that a Choice director, Andy Thomas, said the products had been removed from the sites by Tuesday. The ABC quoted Choice's director of campaigns, Andy Kelly, as saying the scale of unsafe products for sale was "frightening," and that online retailers often claim to act only as intermediaries, shifting blame onto third-party suppliers.

Perspectives

Choice: The consumer group says legal loopholes allow online marketplaces to sell unsafe products with little consequence, and is calling on the Australian government to introduce a general safety provision similar to existing frameworks in the European Union.

ACCC: Deputy Chair Catriona Lowe said the watchdog's action against Amazon is the first of its kind to come before the Federal Court, and stressed that button battery warnings are there to keep children safe and businesses must get them right.

Amazon, Shein and Temu: The companies responded to Choice's findings by emphasizing customer safety, according to The Guardian, though no specific details of their responses were provided.