TLDR
H&M Australia has paid $138,600 in penalties after the ACCC issued seven infringement notices over 4,473 children's sleepwear items sold without the required fire hazard warning labels. The clothes passed flammability tests; the labels were missing or wrong.
KEY TAKEAWAYS
What H&M paid for
H&M Australia has paid $138,600 in penalties after the ACCC issued it with seven infringement notices for allegedly selling 4,473 items of children's clothing without the fire hazard warning labels required by the children's nightwear safety standard. The items were pyjamas, dressing gowns, poncho towels with ties and all-in-one pyjamas with feet.[1]
The standard requires children's nightwear to carry a "high fire danger" or "low fire danger" label, depending on the fabric and its flammability test results. Some of H&M's products had no label at all. Others had a label that did not meet the standard, either because of its wording or where it was placed.[1]
"While the products complied with the flammability requirements of the standard, their failure to carry the required warning labels to alert consumers to the dangers is a serious matter," said ACCC deputy chair Catriona Lowe. "Without the correct labelling, parents or carers may have been unaware of the severity of the risk to children wearing these garments and being close to heat or flame."[1]
Recalls and an undertaking
H&M issued voluntary recalls for the products in July 2024, April 2025 and June 2025. It has admitted its conduct contravened or was likely to contravene the Australian Consumer Law, and given the ACCC a court-enforceable undertaking to run an awareness campaign about fire hazard labels, advertise the recalls again, review its compliance processes and set up a product safety compliance program. Customers can return the items to any of H&M's 32 Australian stores for a refund without a receipt.[1]
Not the first
H&M is the latest big clothing brand caught by the same standard. In July 2024 Davie Clothing, the company behind The Oodie, paid $101,280 in penalties over 2,460 Kids Beach Oodies supplied without fire danger labels.[2] In 2012 Cotton On Kids was ordered to pay $1 million for selling about 2,500 nightdresses and pyjamas that breached the standard, including highly flammable garments labelled "low fire danger".[3]
SOURCES & CITATIONS
FREQUENTLY ASKED QUESTIONS
Why did H&M pay a penalty?
Were the clothes flammable?
Can I return the items?
James Dore is founder and editor of Prompt the Market and Strategy Director at Bushnote, a Sydney strategy, SEO and AI search agency. He has a background in strategy, media and financial services, and led consumer product marketing at MONEYME. He writes on AI search, answer engines, technology policy and media economics.
