NEED TO KNOW
- The Australian Competition and Consumer Commission (ACCC) took legal action against Kmart on October 15, alleging the retailer mishandled testing and risk labelling on three popular products
- The most serious allegations in the documents state at least 51 consumers complained about burns suffered between August 2017 and December 2024 from using a $5 nail glue
- A Kmart rep said it’s “disappointed at its decision to take action on historical matters that Kmart has addressed“
Consumer watchdog the Australian Competition and Consumer Commission (ACCC) has taken legal action against Kmart over a nail glue it alleges gave customers severe burns. Customers claimed that after using OXX Cosmetics Brush On Nail Glue, they suffered burns, with some requiring hospitalisation and skin grafts.
In court documents filed by the ACCC on October 15 in Victoria, read by the ABC, at least 51 consumers complained to the retailer about the burns between August 2017 and December 2024. Consumers also complained the glue caused steaming, smoking, burning or melting when in contact with fabric.
The ACCC claims that despite the Kmart customer service team receiving these complaints – some of which were allegedly escalated to Kmart’s CEO – the retailer continued to sell the nail glue without disclosing the warnings. Though Kmart updated the packaging in December 2024, the ACCC alleges it continued to sell older products without the warning until February 2025, Nine reports.
“We consider that Kmart’s failure to warn consumers of the risk of burns after receiving numerous consumer reports of burn injuries associated with the use of the nail glue exposed consumers to an ongoing risk of serious injury, as an incredibly serious matter,” said ACCC Deputy Chair Catriona Lowe, via the ABC.
“It was important for Kmart to address this, once it was made aware of these serious product safety concerns.”
The $5 Kmart homebrand glue is still for sale online, though it’s unclear if the formula has been updated. The ACCC alleges the initial product had instructions and other safety warnings, including to avoid contact with skin and eyes and not to use on irritated or injected nails, but didn’t mention the risk of burns. Nor did Kmart submit serious injury reports to the Commonwealth minister as required.
“Not all consumers can afford to go regularly to the nail salon to have these products applied professionally,” Lowe told Nine. “However, we expect that consumers will be warned about material risks that they are engaging with, so they can make a choice at the time of purchase about whether or not they are comfortable to take on that risk.”
“That opportunity, we say, was not provided to consumers in this instance.”
The ACCC also alleged Kmart mishandled several digital and analogue watches that contained button batteries. It claims the retailer sold about 54,000 of these button-battery-powered watches between June 2022 and November 2024 without testing them, as legally required.
“These watches contained button batteries, but Kmart did not test them prior to supply to show that young children could not open the battery compartments,” Lowe said, via the ABC. “This is despite many of the watches being specifically designed for children.”
The documents also mention GPS tracking devices that didn’t comply with the mandatory button battery information standard. Called Smart Tags and made by Kmart’s own brand Anko, the devices were recalled in 2024.
A Kmart rep said via ABC: “We have cooperated with the ACCC throughout its investigation and are disappointed at its decision to take action on historical matters that Kmart has addressed. As the matter is now before the court, we will not be commenting further on the proceedings.”
A trial date hasn’t yet been set.
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