Watchdog takes Kmart to court over sale of dangerous products after multiple injuries reported

The retail giant sold injury-causing products without adequate warnings, and tens of thousands of products which fell below mandatory standards in serious, separate breaches of Consumer Law , the ACCC alleges.

Kmart’s home brand nail glue is sold for $5 under the name OXX Cosmetics, both individually and alongside packets of fake nails.

When the glue comes into contact with fabric, tissues or wipes, it generates a heat hot enough to burn.

This rapid heating is a common chemical reaction that occurs with the main ingredient of many nail glues, but the ACCC said Kmart should have warned its customers, especially after it received multiple complaints from those who had been burned.

“Consumers reported burn injuries to Kmart between August 2017 and December 2024,” the ACCC said on Friday.

“These included serious injuries such as burns requiring medical treatment including, in some cases, hospitalisation and skin grafts.”

Kmart quietly added a relevant safety warning to the product packaging in December 2024, but ACCC Deputy Chair Catriona Lowe has slammed the retailer for failing to go far enough.

“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,” Lowe said.

“It was important for Kmart to address this, once it was made aware of these serious product safety concerns.”

A Kmart spokesperson told 7NEWS.com.au the retailer is “disappointed” the ACCC has taken it to court when Kmart has co-operated with the watchdog’s investigation.

“While the incidents with nail glues are also historical, we regret any injury associated with these products and apologise to anyone affected,” the spokesperson said.

“Kmart remains of the view the labelling and warnings were appropriate to prevent misuse. We take our reporting obligations seriously and submitted mandatory injury reports about these products to the ACCC.”

The nail glue allegations are just one aspect of the court proceedings starting on Friday.

Kmart is also accused of selling tens of thousands of watches specifically designed for kids, with a potentially deadly flaw.