Industry Update – New Government guidelines to prevent greenwashing

The Government has recently introduced comprehensive guidelines to combat greenwashing, a practice where brands make misleading claims about their environmental benefits. These guidelines, issued by the Central Consumer Protection Authority (CCPA) on October 15, 2024, aim to ensure that environmental claims made by companies are substantiated with credible evidence.

Key Highlights of the Guidelines

  • Substantiation of Claims: Companies must provide scientific evidence to support any environmental claims, particularly those using terms like “clean,” “green,” “eco-friendly,” and “sustainable.
  • Consumer-Friendly Language: The guidelines mandate that companies explain technical terms such as “greenhouse gas emissions” in a way that is easily understandable to consumers. This aims to enhance transparency and prevent confusion
  • Specific Claims: More precise claims, such as “compostable” or “recyclable,” must be supported by credible certifications or reliable scientific evidence. This requirement extends to all manufacturers, service providers, and advertisers involved in promoting these products
  • Disclosure Requirements: Brands must disclose all material information related to their environmental claims in advertisements. This can include using QR codes or URLs for additional information

Rationale Behind the Guidelines

The introduction of these guidelines is part of a broader effort to protect consumer interests and promote sustainable business practices. The government aims to foster a marketplace where environmental claims are both truthful and meaningful, thereby enhancing consumer trust

Prohibition of Misleading Practices: The guidelines explicitly prohibit any deceptive practices that exaggerate or conceal relevant information regarding a product’s environmental impact. Companies found violating these guidelines may face penalties for misleading advertisements and unfair trade practices

The guidelines align with international best practices observed in markets like the US and Europe, reflecting a global trend towards greater accountability in corporate sustainability efforts

Central Consumer Protection Authority (CCPA) seeks to work closely with industry stakeholders, consumer organizations, and regulatory bodies to ensure effective implementation and compliance with the guidelines in the interest of consumers and public.

source: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://consumeraffairs.nic.in/sites/default/files/file-uploads/latestnews/Draft%20Guidline%20with%20approval.pdf

Industry update

Indian Pharmacopoeia Commission – Materiovigilance Programme of India (IPC-MvPI) is awarded provisional approval from the Quality Council of India (QCI) to function as a certification body for the ICMED 9000 (ISO 9001 requirements plus additional requirements specified under the scheme) and ICMED 13485 (ISO 13485 requirements plus additional requirements specified under the scheme) certification schemes.

This accreditation will enable IPC-MvPI to assess the quality management systems of medical device industries, ultimately enhancing the quality of medical devices and ensuring consumer protection

To know more, please visit https://ipc.gov.in/news-highlights/1296-indian-pharmacopoeia-commission-%E2%80%93-materiovigilance-programme-of-india-ipc-mvpi-as-certification-body-for-icmed-9000-and-icmed-13485.html

Source: https://www.ipc.gov.in/icmed-certification.html

Industry Information Update

The Central Consumer Protection Authority (CCPA) has issued the “Guidelines for the Prevention and Regulation of Unsolicited and Unwarranted Business Communication, 2024” to protect consumers from unfair trade practices and violations of their rights through unsolicited business communications.

These guidelines apply to all entities involved in making, engaging, or benefiting from such communications and outline specific conditions under which business communications are considered unsolicited and unwarranted.

Key Takeaways

  1. Scope and Applicability
    The guidelines apply to all persons or establishments involved in making, engaging, or benefiting from business communications.
    Business communications include voice calls, SMS, and instant messaging through social media platforms.
  2. Definitions
    “Business Communication” refers to communication related to goods or services, excluding personal communication.
    “Unsolicited and Unwarranted Business Communication” is defined as any communication for sale or promotion of goods and services that is neither as per the consent nor the registered preferences of the recipient.
  3. Conditions for Violation
    Using number series or SMS headers not prescribed by the Telecom Regulatory Authority of India (TRAI) or the Department of Telecommunications (DoT).
    Ignoring consumer requests to opt-out of communications registered in the Do Not Disturb (DND) registry.
    Failing to obtain explicit and specific digital consent from consumers.
    Not clearly identifying the calling entity and the purpose of the call.
    Using unauthorized employees or agents for making calls.
    Not providing a clear, simple, free, and effective opt-out option for consumers.
  4. Illustrations
    Examples provided clarify scenarios where multiple entities (e.g., banks, fintech companies, intermediaries) are involved in unsolicited communications and how the guidelines apply to each.
  5. Non-Derogation Clause
    The guidelines are in addition to, and not in derogation of, other existing laws regulating unsolicited communications.
  6. Penalties
    Any contravention of these guidelines will be subject to the provisions of the Consumer Protection Act, 2019.
  7. Final Authority
    In case of any ambiguity or dispute in interpretation, the decision of the CCPA will be final.
  8. Public Feedback
    The CCPA has sought public comments on the draft guidelines, with the last date for submission being July 21, 2024 by email to js-ca@nic.in

These guidelines aim to curb the proliferation of spam and fraudulent calls, ensuring that consumers are not subjected to invasive and unauthorized marketing communications.

Source: https://consumeraffairs.nic.in/