Tango retail outlet in Port Moresby has paid K15,000 penalty to the Independent Consumer and Competition Commission (ICCC) for selling a banned product.
They paid ICCC the monies as penalty under Section 134(1)(a) of the ICCC Act for compliance as a good corporate citizen.
Tango admitted liability for breaching Section 108 (1)(c) of the Independent Consumer and Competition Commission Act 2002 (ICCC Act) by selling Yoyo Water Balls on 4th July, 2018.
Yoyo Water Balls are the subject of a Permanent Ban pursuant to National Gazette Notice No. G191 of 2015.
ICCC Commissioner and Chief Executive Officer, Paulus Ain said that in March 2013, ICCC had assessed and considered the “Yoyo Water Balls or similar products” as unsafe and dangerous for children and imposed an 18-month interim ban on the sale and distribution of this product, through the publication of the National Gazettal Notice No. G126 of 2013 pursuant to Section 108(5) of the ICCC Act.
Mr Ain added that after the 18-month period lapsed, the ICCC saw that there was no prescribed Consumer Product Safety Standard of the product in place.
“Consequently, the ICCC further imposed a Permanent Ban on the product on 19th March 2015, in accordance with Section 108(7) of the ICCC Act through the publication of the National Gazette Notice No. G191 of 2015.”
The ICCC conducted its monthly product safety inspection on 4th July, 2018, and found Tango was selling the permanently banned Yoyo water balls at its retail outlet in Boroko.
It was alleged that Tango was selling a permanently ban product described as Yoyo Water Balls or similar product, and not complying with National Gazette Notice No. G191 of 2015, thereby contravening Section 108(1)(c) of the ICCC Act 2002.
The ICCC therefore instituted legal proceedings under Section 133 of the ICCC Act against Tango on 25th September, 2019 and during the prosecution process, on the 27th of August 2021, upon the parties’ consent, the District Court at Waigani, granted Orders that Tango admit liability for a breach of Section 108(1)(c) of the Act.
Mr Ain said the ICCC acknowledges Tango for admission of liability and its willingness to observe the law in this trying economic time when many traders and suppliers continue to evade compliance in the country.
“It is encouraging that Tango consented to cooperate with the ICCC and comply with the District Court’s Consent Order as a good corporate citizen to help minimize risks and to protect consumer welfare and promote safety.
“The ICCC will continue with its inspections to identify non-complying traders and suppliers who continue to supply or sell goods which are subject to an interim or permanent ban, including evading compliance.”
Mr Ain stressed on compliance and strongly warned traders or suppliers who continue to engage in dubious conduct and avoid compliance that they would be investigated, prosecuted, and will face stiffer penalties through hefty fines and imprisonment terms under the ICCC Act and other relevant laws administered by the ICCC.
“The ICCC is now calling on and urging every trader and supplier of in the country to comply with regulations to avoid prosecution.”