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Policing the Kitemark: Kent Trading Standards
02 Jun 2009
Topics: Kitemark®
Late in 2008, Kent Trading Standards (KTS) successfully prosecuted the UK retailer of a particular brand of unsafe carbon monoxide detectors, following a lengthy investigation. As part of its case, KTS was able to prosecute the company for misuse of the BSI Kitemark symbol, a first of its kind in the UK.
The retailer was fined £65,000 with more than £5,000 in costs, representing the largest financial penalty ever secured by KTS.
While demonstrably unsafe, failing to function even in high concentrations of carbon monoxide, the detectors also lacked required warning markings and adequate instructions. The packaging of one batch also featured the BSI Kitemark symbol, despite the fact that it had no Kitemark licence and had never been tested by BSI.
In addition to pleading guilty to four charges under the General Product Safety Regulations 2005, the retailer also accepted responsibility for one charge under the Trade Marks Act 1994 and two charges under the Trade Descriptions Act 1968.
Though the company did recall the alarm several months after receiving an initial warning from KTS, and despite pleading guilty to the offences at Sevenoaks Magistrates Court, the Court decided that the case was so serious, the matter should be submitted to the Crown Court for sentencing.
"These alarms were designed to protect the public from potentially fatal levels of carbon monoxide but failed to do so and were not tested by this company before they were distributed across the country," says Kent County Council cabinet member for Community Services Mike Hill. "The use of the Kitemark symbol on one of the batches would also have misled unsuspecting customers to believe they could rely on this product, but they could not."
For more information visit www.kitemark.com
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