ACCC sues Kmart over nail glue burns — ABC News Australia
In Australia, the Australian Competition and Consumer Commission (ACCC) has filed a lawsuit in the Federal Court in Victoria against retailer Kmart. The regulator alleges that the company breached consumer protection laws by selling cosmetic nail glue without a warning about the risk of serious burns. This was reported by ABC News.
Complaints about burns from glue
According to court documents, between August 2017 and December 2024, at least 51 consumers complained to Kmart about skin burns after contact with nail glue. At least 33 complaints specifically mentioned the glue coming into contact with fabric.
Another seven reports, unrelated to skin burns, concerned cases in which the glue smoked, emitted vapour, caught fire or melted material when it came into contact with fabric. According to the ACCC, some consumers suffered serious burns requiring medical treatment and, in some cases, hospitalisation and skin grafts. The regulator also said that customers sent Kmart's support service photographs of burned clothing and skin, and some of these reports were passed on to the company's management, including its chief executive officer.
ACCC Deputy Chair Catriona Lowe said that the absence of a warning following numerous reports of injuries created an ongoing risk of severe harm for customers. The commission also alleges that Kmart failed to submit mandatory reports of serious injuries to the federal minister.
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Kmart said it takes its reporting obligations seriously and had submitted mandatory injury reports to the ACCC. The company expressed regret over any injuries and apologised to those affected, while stating that the labelling and warnings on the products were sufficient to prevent improper use.
Claims regarding button batteries
Separately, the ACCC accused Kmart of failing to test several models of digital and analogue watches with button batteries before sale. According to the regulator, from June 2022 to November 2024, the retailer sold about 64,000 such watches that did not meet the requirements. This includes testing to ensure that small children cannot open the battery compartment.
The ACCC also said that Smart Tags GPS trackers did not comply with the mandatory button battery information standard. These devices were recalled in 2024. Kmart said it had received no reports of injuries related to the watches and Smart Tags, and that the company had strengthened its safety procedures and product compliance controls. A court hearing date has not yet been set.
