The Wiggles company admits it probably breached the law with headband

The Wiggles company has admitted it probably breached consumer law by selling light-up headbands to fans that failed to carry mandatory warning labels they contained batteries which pose a safety risk to children.

The children’s entertainment group sold 3164 of its yellow-and-black Emma Bow headbands, featuring four lights powered by potentially hazardous button batteries, at concerts, in stores and online between June 2022 and March 2024.

The batteries are small flat discs that have a history of causing death and serious injury in children who unwittingly swallow them. They can burn through the oesophagus within hours of being ingested.

While products containing button batteries can be sold, there are strict information standards requiring labelling to warn parents of the potential danger.

On Tuesday, the Australian Competition and Consumer Commission (ACCC) – which had been investigating the company – issued a statement saying that The Wiggles Holdings (the group’s company) had provided it with a court-enforceable undertaking admitting to probably breaching the law in selling the headbands.

The company sold the Emma Bow headband between November 2015 and March 2024, but its alleged breach of consumer law only occurred from June 2022, when button battery information standards came into force. All headbands sold since 2015 were recalled in August 2024.

The Wiggles company has now vowed to implement a compliance program. This includes committing to produce an episode of its Wiggle Talk – A Podcast For Parents within the next six months to help raise awareness of the safety issue by discussing the product recall and the potential hazards surrounding button batteries and children’s toys.

Toy company CA Australia, which imported and distributed at least 3764 of the non-compliant headbands, has also promised to improve its consumer law compliance.

ACCC Deputy Chair Catriona Lowe said the headband was aimed at children, which meant that informing parents about the fact they contained button batteries was important.

“Without a warning on the product, parents may not have known it contained button batteries and not understood the severity of the risk,” she said.

“If swallowed, a button battery can become stuck in a child’s throat and result in catastrophic injuries, and even death, in as little as two hours,” Lowe said.

The ACCC’s investigation and The Wiggles company’s subsequent admission is the latest in a wave of brands and retailers being caught selling non-compliant toys with button batteries that pose safety risks to children.

Last month, officers from Victoria’s consumer safety regulator were sent into Miniso’s stores to remove a range of off-brand Labubu-style keychain toys after the Chinese retailer failed to inform parents that they contained button batteries.

In May, Hungry Jack’s paid more than $150,000 in penalties after the ACCC issued eight infringement notices for supplying a Garfield-themed toy in its meals that did not comply with button battery standards. In April, the ACCC also commenced proceedings against retailer City Beach, alleging it offered 70 product lines for sale that contained button batteries that failed to comply with standards.

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