Car manufacturer Tesla Motors Australia Pty Ltd has paid penalties of $155,460 after the Australian Competition and Consumer Commission (ACCC) issued it with ten infringement notices for allegedly failing to comply with mandatory safety standards for products powered by button batteries, in breach of the Australian Consumer Law.
Article continues below
The ACCC alleges Tesla failed to conduct the required safety tests before supplying three of its key fob models and two of its illuminated door sill models and failed to provide the mandatory safety warnings on these products as required by the standard.
Australia’s world first mandatory product safety and information standards for button batteries came into effect in Australia in June 2022, following significant injuries and deaths caused by button batteries in Australia and overseas.
Children can be attracted to button batteries and swallow them, or insert them into their nostrils, which can cause a chemical reaction that can burn through tissue and seriously injure vital organs.
Three children have died in Australia after inserting or ingesting button batteries.
The ten infringement notices relate to three models of Tesla key fobs and two models of Tesla illuminated door sills. Between 22 June 2022 and 30 May 2023 Tesla sold 952 of these items.
The models involved are:
• Model 3/Y key fobs;
• Model X key fobs;
• Model S key fobs;
• Model 3 illuminated door sills; and
• Model S illuminated door sills
Since the ACCC started investigating the issue, Tesla has removed the products from sale and started testing them. The Model 3/Y and Model X key fobs have subsequently been found to comply.
Testing for the other products is continuing, and Tesla will only recommence supply once test results are obtained, confirming they are compliant with the mandatory standards.
Some of these fobs were shaped like a car, potentially further increasing their appeal.
Tesla has subsequently provided button battery safety information directly to affected consumers who purchased the affected products. ■