{"id":"F2010L03279","name":"Trade Practices Act 1974 - Consumer Protection Notice No. 4 of 2009 - Unsafe Goods Notice","slug":"trade-practices-act-1974-consumer-protection-notice-no-4-of-2009-unsafe-goods-notice","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":85531,"registerId":"commonwealth-F2010L03279-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Trade Practices Act 1974 - Consumer Protection Notice No. 4 of 2009 - Unsafe Goods Notice","content":"COMMONWEALTH OF AUSTRALIA\n\nTRADE PRACTICES ACT 1974\n\nConsumer Protection Notice No. 4 of 2009\n\nUNSAFE GOODS NOTICE\n\nI, CHRIS BOWEN, Minister for Competition Policy and Consumer Affairs, pursuant to sub-section 65C(7) of the Trade Practices Act 1974, hereby DECLARE that goods of the kind specified below are unsafe goods, in that it appears to me the goods will or may cause injury to a person.\n\nParticulars of Goods:\n\nToothpaste containing more than 0.25% by weight of diethylene glycol (DEG).\n\nSummary of reasons:\n\nDEG is a toxic substance.\n\nThere have been reports of patient deaths and injuries in other countries over the past several years from ingesting diethylene glycol contaminated pharmaceutical preparations such as cough syrups.\n\nPrior to the introduction of an interim ban under section 65C(5) of the Trade Practices Act, test reports indicated that toothpaste containing DEG was still appearing in the global market, including Australia.\n\nMedium to long term exposure to DEG at significant levels in toothpaste may create unacceptable health risks, particularly to children and individuals with kidney or liver disease.\n\nDated this 4th day of March 2009\n\nCHRIS BOWEN\n\nMinister for Competition Policy and Consumer Affairs","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This notice performs exactly the function intended by section 65C(7) of the Trade Practices Act 1974: declaring specific goods unsafe based on identified health risks. The scope remains tightly focused on the particular safety hazard (DEG in toothpaste) without expansion into broader regulatory territory."},"complexity_factors":["Single operative provision: one chemical threshold (0.25% DEG by weight)","No defined terms section","No cross-references to other legislation beyond the empowering provision (s 65C(7))","No conditional logic or exceptions","Extremely short: approximately 200 words total","Straightforward factual predicate (toxic substance + health risk)"],"plain_english_summary":"The Minister has declared toothpaste containing over 0.25% diethylene glycol (DEG) as unsafe goods, making its sale, import or supply in Australia illegal. The notice uses emergency consumer‑protection powers to immediately remove a toxic product from the market.\n\nIt protects consumers—especially children and people with kidney or liver problems—after DEG‑linked poisonings and deaths overseas and evidence contaminated toothpaste had appeared in Australia; importers and retailers must stop stocking it."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The notice applies a specific safety declaration under the Act (s65C(7)) and references an earlier interim ban (s65C(5)); there is no indication in the text that it broadens or narrows the statutory scheme beyond identifying a particular unsafe good and threshold."},"complexity_factors":["Narrow, objective scope: single chemical (DEG) with a numeric threshold (>0.25% by weight) reduces interpretive complexity.","Statutory basis explicit: declaration made under sub-section 65C(7) of the Trade Practices Act 1974.","Reference to prior temporary measure: notice mentions an earlier interim ban under s65C(5), indicating an established administrative path.","Evidence reliance: decision rests on international reports of deaths/injuries and domestic test reports, so factual verification and testing logistics matter to implementation.","Compliance implications concentrated: testing, reformulation or withdrawal costs fall on manufacturers/importers/suppliers rather than diffuse consumers.","Limited procedural detail in the notice itself: enforcement mechanisms, penalties and administrative steps are not described here, leaving discretion to implementers."],"plain_english_summary":"This notice, made under sub-section 65C(7) of the Trade Practices Act 1974, declares toothpaste containing more than 0.25% by weight diethylene glycol (DEG) to be unsafe goods. It operates by identifying a specific chemical threshold and classifying affected products as unsafe. It affects manufacturers, importers and suppliers who will face the costs of testing, reformulation or removal to meet the 0.25% limit. The Minister’s reasons cite international deaths/injuries from DEG-contaminated medicines and domestic test reports, and warn of medium–long term risks especially to children and to people with kidney or liver disease."}},"importantCases":[],"_links":{"self":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-4-of-2009-unsafe-goods-notice","history":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-4-of-2009-unsafe-goods-notice/history","analysis":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-4-of-2009-unsafe-goods-notice/analysis","conflicts":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-4-of-2009-unsafe-goods-notice/conflicts","importantCases":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-4-of-2009-unsafe-goods-notice/important-cases","documents":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-4-of-2009-unsafe-goods-notice/documents"}}