Why Isn’t the Law Stopping the Sale of Unsafe Products? 

Industry News April 7, 2026
Why Isn’t the Law Stopping the Sale of Unsafe Products? 
NATA team

Since 2018, CHOICE has been campaigning for stronger product safety laws and the case for reform has only grown more urgent. Testing conducted by CHOICE using NATA accredited laboratories has repeatedly exposed serious safety failures, particularly in products designed for babies and children, where inadequate standards can create truly catastrophic risks. 

Despite this evidence, Australian law still does not prevent unsafe products from being sold. Too often, dangers are only identified after someone has already been injured. 

This disconnect is concerning. A national CHOICE survey found 74 per cent of Australians believe retailers are legally required to ensure the products they sell are safe. It is a reasonable assumption, but it is wrong. In reality, Australia lacks a general legal duty to stop unsafe goods reaching the market in the first place. 

The human cost is significant. In 2019, as momentum grew behind CHOICE’s push for an overarching product safety duty under Australian Consumer Law, the ACCC reported around 780 deaths and 52,000 injuries every year caused by consumer products found in Australian homes excluding motor vehicles. 

While Australia does mandate safety standards for some goods such as baby products, electrical appliances, child restraints and bicycle helmet, these are the exception, not the rule. Vast numbers of consumer products remain unregulated, leaving safety dependent on voluntary compliance rather than rigorous, independent testing. 

Online Marketplaces: A Growing Safety Blind Spot 

The rapid growth of online marketplaces has intensified these risks. Platforms can choose to sign the ACCC’s voluntary Product Safety Pledge, but there is no legal mechanism to enforce compliance. 

This has given rise to “product safety washing.” Major platforms including Amazon Australia, eBay Australia and AliExpress have signed the pledge, yet the ACCC’s most recent report found patchy adherence some unsafe products were relisted after removal, others remained available for far too long. 

Without mandatory testing and accountability, voluntary commitments fall short. This is precisely where NATAaccredited testing provides a critical safeguard, delivering independent, competent evidence of product safety that regulators, industry and consumers can trust. 

A Global Challenge Demands Stronger Laws 

Australia is not alone. Consumer organisations across Europe testing products from ultra-low-cost online retailers such as Shein and Temu found failure rates of up to 73 per cent against EU safety standards, with children’s toys performing worst. 

As low-cost imports surge, Europe alone received an estimated 4.6 billion parcels from China in 2024, the need for robust, enforceable product safety laws backed by accredited testing has never been clearer. 

Until it becomes illegal for all businesses to sell unsafe products, and until online marketplaces are compelled to ensure products are appropriately tested ideally through NATA accredited laboratories or equivalent international accreditation frameworks, Australians will remain exposed to unacceptable and preventable risks. 

Accreditation provides confidence. What’s missing is a legal framework that makes safety non-negotiable. 

Source:  CHOICE