Why This Matters
- The ACCC alleges millions of bottles of a widely available beauty product were sold without burn warnings, meaning many consumers may have been unknowingly exposed to the risk.
- Reported injuries include third-degree burns, hospitalisation and skin grafts, including among children.
- The case tests how quickly retailers must act when product-safety complaints accumulate.
Background
Nail glues are strong, fast-bonding adhesives, typically cyanoacrylate-based, that can generate heat and cause burns, particularly when they come into contact with fabrics. Kmart is one of Australia's largest retailers and its OXX home brand is sold nationwide. Australian consumer law requires products to carry adequate safety warnings, and the ACCC's case centres on whether Kmart's warnings were sufficient given the complaints it had received.
Key Perspectives
The ACCC: The watchdog alleges Kmart breached consumer law by selling seven varieties of OXX nail glue despite more than 50 complaints, and that it kept selling unwarned stock for two months after updating its packaging.
Kmart: The court documents record that the retailer updated its packaging in December 2024, but continued selling pre-existing stock without the new warning until February 2025. The retailer's response to the allegations is not yet known.
Critics and Skeptics: The allegations are untested in court. Central questions are likely to include when Kmart first became aware of the burn risk, whether the warnings would have prevented the injuries, and what weight the court gives to complaints received over several years.
What to Watch
- When and how Kmart responds to the allegations in the Federal Court.
- Whether the case concludes with penalties, a settlement, or a broader recall and refund program.
- Any action taken by the ACCC or regulators over similar adhesive products sold by other retailers.