Federal Register of Legislation - Australian Government

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No. 4 of 2009 Standards/Product Safety as made
This Notice imposes a permanent ban on toothpaste containing more than 0.25% by weight of diethylene glycol (DEG).
Administered by: Treasury
General Comments: This instrument was made under subsection 65C(7) of the Trade Practices Act 1974 and provides for a permanent ban on goods. It was incorrectly titled as an unsafe goods notice when made. This notice was originally made under subsection 65C(7) of the Trade Practices Act 1974. Item 3 of Schedule 7 to the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 (Act No. 103 of 2010) provides that this notice remains in force from 1 January 2011 as if it had been made under section 114 of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Act No. 51 of 1974)).

Note: the Trade Practices Act 1974 was renamed the Competition and Consumer Act 2010 on 1 January 2011 (see item 2 of Schedule 5 to the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 (Act No. 103 of 2010)).
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 16
Registered 23 Dec 2010
Tabling HistoryDate
Tabled Senate08-Feb-2011
Tabled HR08-Feb-2011

COMMONWEALTH OF AUSTRALIA

 

TRADE PRACTICES ACT 1974

 

Consumer Protection Notice No. 4 of 2009

 

UNSAFE GOODS NOTICE

 

I, CHRIS BOWEN, Minister for Competition Policy and Consumer Affairs, pursuant to sub-section 65C(7) of the Trade Practices Act 1974, hereby DECLARE that goods of the kind specified below are unsafe goods, in that it appears to me the goods will or may cause injury to a person.

 

Particulars of Goods:

 

Toothpaste containing more than 0.25% by weight of diethylene glycol (DEG).

 

Summary of reasons:

 

DEG is a toxic substance.

 

There have been reports of patient deaths and injuries in other countries over the past several years from ingesting diethylene glycol contaminated pharmaceutical preparations such as cough syrups.

 

Prior to the introduction of an interim ban under section 65C(5) of the Trade Practices Act, test reports indicated that toothpaste containing DEG was still appearing in the global market, including Australia.

 

Medium to long term exposure to DEG at significant levels in toothpaste may create unacceptable health risks, particularly to children and individuals with kidney or liver disease.

 

Dated this 4th day of March 2009

 

 

 

 

CHRIS BOWEN

Minister for Competition Policy and Consumer Affairs