ACCC v Thermomix In Australia Pty Ltd
The Australian Competition and Consumer Commission
(ACCC) has won its action against Thermomix In
Australia Pty Ltd (Thermomix) after the Federal
Court ruled that Thermomix knowingly kept safety issues relating to
one of their appliances secret. Thermomix was ordered to pay $4.6
million in penalties, plus costs.
It was held that Thermomix had made false and misleading
representations and misled the public in an effort to conceal that
Thermomix's TM31 machine has a faulty lid. The lids in question
had a malfunctioning seal which caused hot food or liquid to escape
from the bowl, giving several consumers severe burns. The Court
found that Thermomix knew of this risk from 7 July 2014 but still
continued to promote and supply the faulty product until 6
September 2014. After they ceased supplying the product, it still
took another 2 weeks before Thermomix notified its customers that
there may be an issue. A voluntary recall notice
