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You can find the current article at its original source at https://www.theguardian.com/australia-news/2017/jun/16/consumer-watchdog-launches-legal-action-against-thermomix
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| Consumer watchdog launches legal action against Thermomix | Consumer watchdog launches legal action against Thermomix |
| (7 months later) | |
| The Australian Competition and Consumer Commission will allege that the company failed to report injuries caused by its appliances | |
| Naaman Zhou | |
| Fri 16 Jun 2017 04.07 BST | |
| Last modified on Fri 16 Jun 2017 04.08 BST | |
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| The Australian Competition and Consumer Commission has launched legal action against Thermomix after a now-recalled model led to 45 injuries, including six admissions to a burns unit. | The Australian Competition and Consumer Commission has launched legal action against Thermomix after a now-recalled model led to 45 injuries, including six admissions to a burns unit. |
| The ACCC alleges Thermomix was aware of safety issues up to a year before its 2014 recall of the TM31 model, but continued to supply it to customers. | The ACCC alleges Thermomix was aware of safety issues up to a year before its 2014 recall of the TM31 model, but continued to supply it to customers. |
| Complaints compiled by consumer group Choice said a faulty $15 sealing ring in the appliance, which is a combination kitchen cooker and processor, caused burns to users when processing hot liquids. | Complaints compiled by consumer group Choice said a faulty $15 sealing ring in the appliance, which is a combination kitchen cooker and processor, caused burns to users when processing hot liquids. |
| Choice logged 87 reports of problems, with 18 needing a doctor or nurse’s treatment and eight customers admitted to hospital. Fifty-three people complained to Thermomix Australia, and 26 claimed to have experienced a near-miss with a scalding liquid. | Choice logged 87 reports of problems, with 18 needing a doctor or nurse’s treatment and eight customers admitted to hospital. Fifty-three people complained to Thermomix Australia, and 26 claimed to have experienced a near-miss with a scalding liquid. |
| The ACCC will allege in federal court that Thermomix engaged in false and misleading conduct, failed to adequately report injuries caused by its appliances, and made false and misleading statements about the 2014 recall of the TM31 model. | The ACCC will allege in federal court that Thermomix engaged in false and misleading conduct, failed to adequately report injuries caused by its appliances, and made false and misleading statements about the 2014 recall of the TM31 model. |
| Thermomix told customers they could obtain remedies only if they signed an agreement not to “disparage or otherwise comment negatively about” the company, in contravention of Australian consumer law, the ACCC alleges. | Thermomix told customers they could obtain remedies only if they signed an agreement not to “disparage or otherwise comment negatively about” the company, in contravention of Australian consumer law, the ACCC alleges. |
| The ACCC’s acting chair, Delia Rickard, said consumers “have rights under consumer law to remedies which businesses cannot restrict, alter, or remove”. | The ACCC’s acting chair, Delia Rickard, said consumers “have rights under consumer law to remedies which businesses cannot restrict, alter, or remove”. |
| The $2,000 multi-purpose appliance, made by the German company Vorwerk, can mix, knead, chop, blend, steam, stir and cook food. | The $2,000 multi-purpose appliance, made by the German company Vorwerk, can mix, knead, chop, blend, steam, stir and cook food. |
| The TM31 model was recalled in October 2014, with Product Safety Australia warning: “In rare circumstances, if a Thermomix TM31 is operated at high RPMs and then is immediately switched to the ‘lid open’ position, there is a possibility that liquid or food may splash out of the mixing bowl.” | The TM31 model was recalled in October 2014, with Product Safety Australia warning: “In rare circumstances, if a Thermomix TM31 is operated at high RPMs and then is immediately switched to the ‘lid open’ position, there is a possibility that liquid or food may splash out of the mixing bowl.” |
| The ACCC alleges Thermomix failed in 14 instances to observe mandatory reporting requirements of incidents resulting in serious injury. The company is alleged to have failed to notify the Commonwealth minister within a mandated two day-period after becoming aware of an injury. | The ACCC alleges Thermomix failed in 14 instances to observe mandatory reporting requirements of incidents resulting in serious injury. The company is alleged to have failed to notify the Commonwealth minister within a mandated two day-period after becoming aware of an injury. |
| The Choice campaign director, Matt Levey, called on the government to make mandatory fault reporting laws more open. | The Choice campaign director, Matt Levey, called on the government to make mandatory fault reporting laws more open. |
| “At present while businesses have an obligation to report any product safety incident that causes death or serious injury, there is no requirement for these reports to be made public,” he said. | “At present while businesses have an obligation to report any product safety incident that causes death or serious injury, there is no requirement for these reports to be made public,” he said. |
| “Since 2011 more than 10,000 reports have been made but only eight of these have seen the light of day. | “Since 2011 more than 10,000 reports have been made but only eight of these have seen the light of day. |
| Customers with affected models are advised that their sealing ring must be replaced every two years. | Customers with affected models are advised that their sealing ring must be replaced every two years. |
| The case is scheduled to begin in July. | The case is scheduled to begin in July. |
| Australian Competition and Consumer Commission (ACCC) | |
| Consumer affairs | |
| news | |
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