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The Australian Competition and Consumer Commission has commenced Federal Court proceedings against homewares retailer Dusk, alleging it sold more than 66,000 products containing button batteries that did not comply with mandatory safety and information standards.
The ACCC alleges that between May 2023 and December 2024, Dusk Australasia Pty Ltd, a wholly-owned subsidiary of Dusk Group Limited, supplied 66,453 products across 29 product lines in breach of the Australian Consumer Law. The regulator also alleges Dusk breached a court-enforceable undertaking it had previously given to the ACCC.
The products included candles, diffusers, tealights, snow globes and other LED products, many of which were Christmas, Easter or Halloween themed – items that may be attractive to young children who are at the greatest risk of harm from button batteries.
A Repeat Allegation
The proceedings are notable because Dusk had already been the subject of ACCC enforcement action over button battery compliance.
In April 2023, the ACCC accepted a court-enforceable undertaking from the retailer after it supplied 7,720 units of Halloween-themed LED novelty products that failed to comply with mandatory button battery standards. Dusk also paid $106,560 in penalties after the ACCC issued eight infringement notices relating to the supply of non-compliant product lines.
Under that undertaking, Dusk committed not to supply or offer for supply consumer goods containing button batteries that did not comply with the mandatory standards for a period of three years.
The ACCC now alleges Dusk breached this undertaking each time it supplied or offered to supply products that did not comply with the button battery standards during the period in question.
The Scale Of The Alleged Breaches
According to the ACCC’s concise statement filed in the Federal Court, the alleged contraventions fall into two categories.
The first concerns 25 product lines totalling 54,635 units that allegedly did not comply with the mandatory safety standard. Under the standard, products containing button batteries must be tested prior to supply to confirm the battery compartment is secure and resistant to being opened by young children.
The ACCC alleges these 25 product lines were supplied to consumers without being tested in accordance with the safety standard beforehand. Dusk later obtained testing and the products passed the relevant requirements, but this testing had not been conducted before the products reached consumers.
The second category involves four product lines totalling approximately 11,828 units that allegedly did not comply with the mandatory information standard. These products failed to include any of the prescribed safety warnings on their packaging and were not accompanied by instructions containing the required warnings.
The Products
The court filing details the specific products involved. Among the 25 product lines that allegedly breached the safety standard were a range of MoodMist diffusers manufactured by Green Delta Limited, including the Natalia Black model (2,906 units), the Bridgit Oakley model (2,966 units) and the Dorothy Pink Glass model (2,493 units).
A series of LED products manufactured by Fujian Profit Group also feature in the allegations, including the Angel of Hearts LED (3,464 units), the Rudolph Reindeer LED (3,050 units), the Starry Santa LED (2,899 units) and the Topper the Penguin LED (2,659 units).
Three LED Teardrop Angel products manufactured by Xian Metals and Minerals accounted for 13,087 units between them.
The four Christmas candle products that allegedly breached the information standard were all manufactured by M&SENSE (Suzhou) Arts and Crafts Co Ltd. These were the Flower Market Candle and LED Glitter (3,196 units), the Fresh Evergreen Candle and LED Glitter (2,980 units), the Fruit Market Candle and LED Glitter (2,843 units) and the Sweet Shop Candle and LED Glitter (2,809 units). All four were supplied between October and December 2024.
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The Safety Risk
Button batteries can cause serious injuries or death if swallowed by young children. They can become stuck in a child’s throat and result in fatal or serious injuries in two hours or less. Children up to five years of age are at the greatest risk because of their narrower oesophagus and tendency to place small objects into their mouths, ears and noses.
ACCC Deputy Chair Catriona Lowe stressed the seriousness of the alleged conduct.
“Button batteries can cause catastrophic injuries or death if swallowed by young children, so it is crucial that businesses take their product safety obligations seriously. Failing to test products for compliance with the mandatory button battery standards before supply to consumers creates an unacceptable safety risk, particularly for young children,” Lowe commented.
The ACCC’s concise statement argues that by supplying products without the required pre-supply testing, Dusk courted the risk that the products may not have passed testing, potentially exposing children to harm. For the four products missing safety warnings, parents and caregivers were not alerted to the button battery hazard prior to purchase and were therefore less likely to take steps to safeguard against the risks.
Previous Undertaking
Lowe expressed concern that the alleged breaches occurred despite Dusk’s prior undertaking.
“We are concerned as Dusk allegedly supplied tens of thousands of products that did not comply with button battery standards designed to protect young children who are most at risk of serious injury, despite having previously given an undertaking to the ACCC that it would not do so.”
“We take any breach of formal undertakings given to the ACCC very seriously. These commitments exist to ensure accountability, trust and compliance with the law. We will not hesitate to take action whenever we see these obligations not being met.”
Recalled Products
Following contact from the ACCC in December 2024, Dusk stopped supplying the four Christmas candle product lines that lacked the required safety warnings. On 20 December 2024, the company published a recall for those products.
What The ACCC Is Seeking
The ACCC is seeking declarations, pecuniary penalties, costs and an order requiring Dusk to pay an amount reflecting any financial benefit it obtained from the alleged breaches. The regulator may also seek non-punitive orders and adverse publicity orders under the Australian Consumer Law.
The case has been filed in the New South Wales Registry of the Federal Court of Australia, with DLA Piper Australia acting for the ACCC.
Compliance As A Priority
The ACCC noted that compliance with the mandatory button battery standards remains a compliance and enforcement priority for the regulator.
“Businesses must ensure they have adequate policies and procedures in place to comply with these standards,” Lowe added.
The mandatory button battery safety and information standards commenced on 22 June 2022. Businesses were given 18 months to prepare before the standards became mandatory, and the ACCC engaged with industry and published guidance to help suppliers understand their obligations.
Dusk’s Operations
Dusk primarily sells homewares such as candles and home fragrance products, including essential oils, diffusers and fragrance-related items. It operates approximately 150 stores nationally, including two online stores.
Consumers who have purchased a product that does not comply with mandatory product safety standards can report it to the ACCC. The regulator recommends also reporting it to the supplier directly. Anyone with an affected product should stop using it immediately, keep it out of reach of children and contact Dusk or visit the Dusk product recalls webpage.
Last Updated on July 22, 2026 by Nick Ross
