Industry Information update : Sector-wise Compendiums of Indian Standards

BIS Unveils 130 Sector-wise Compendiums of Indian Standards to Enhance Industry and Consumer Awareness

The Bureau of Indian Standards (BIS) has released a comprehensive collection of 130 sector-specific compendiums of Indian Standards, now accessible on the BIS portal.

Organized by industry sectors and product/service categories, these compendiums serve as consolidated reference guides for a wide range of stakeholders, including regulatory authorities, industry professionals, academic institutions, and consumer organizations.

Stakeholders can access the compendiums at
https://services.bis.gov.in/php/BIS_2.0/bisconnect/compendium_of_indian_standards_dept_wise

Please scan the QR code given below to download :

Source: https://services.bis.gov.in/php/BIS_2.0/bisconnect/compendium_of_indian_standards_dept_wise

Industry Information Update – BIS – Sector wise Calendar for Upcoming Webinars

Bureau of Indian Standards is organising Sector specific awareness programs

In order to spread the awareness among the concerned stakeholders, manufacturers, importers and common consumers BIS is organising ‘Interactive lecture series and Sector-wise webinar’ on the below mentioned topics.

Manufacturers including MSMEs are requested to attend the above webinars based on their respective business interests for a particular sector.

Participation in these webinars does not require any preregistration and can be joined conveniently and remotely through Computer / Laptops / Mobiles.

The link for joining these webinars are hosted well in advance on BIS Website: www.bis.gov.in

Source: https://www.bis.gov.in/

Industry Update – Legal Metrology (Packaged Commodities) Rules, 2011 with amendments

The Ministry of Consumer Affairs, Food, and Public Distribution, Department of Consumer Affairs has issued The Legal Metrology (Packaged Commodities) Rules, 2011 with all amendments up to December 24, 2024.

It outlines the regulations for pre-packaged commodities in India, ensuring that consumers receive accurate information about the products they purchase. 

The rules apply to packages intended for retail sale but exclude certain categories such as:
(a) packages of commodities containing quantity of more than 25 kilogram or 25 litre
(b) cement, fertilizer and agricultural farm produce sold in bags above 50 kilogram
(c) packaged commodities meant for industrial consumers or institutional consumers

The document includes several key amendments to the Legal Metrology (Packaged Commodities) Rules, 2011, compared to earlier versions. ​ Here are some notable amendments:

  1. Consumer Definition Update:
    • The definition of “consumer” has been updated to align with the Consumer Protection Act, 2019. ​
  2. E-commerce Provisions:
    • Definitions for “E-commerce,” “E-commerce entity,” and “marketplace-based model of e-commerce” have been added. ​
    • E-commerce entities must ensure that mandatory declarations are displayed on their digital platforms. ​
  3. Retail Sale Price (MRP):
    • The format for declaring the maximum retail price has been standardized to ensure clarity and consistency. ​
  4. Unit Sale Price:
    • The requirement to declare the unit sale price in rupees, rounded off to the nearest two decimal places, has been introduced. ​
  5. QR Code Usage:
    • For electronic products, the use of QR codes to provide additional information such as the manufacturer’s address, common or generic name, and size/dimensions has been allowed. ​
  6. Packaging Size and Weight:
    • Specific packaging sizes for various commodities have been updated or added, such as for baby food, biscuits, edible oils, and more.
  7. Exemptions:
    • New exemptions have been introduced for certain packages, such as those containing loose commodities ordered through e-commerce channels and garments sold in loose or open form at the point of sale. ​
  8. Inspection and Testing:
    • Detailed procedures for inspecting and testing packages at the premises of manufacturers, packers, and dealers have been specified, including the use of statistical methods to determine compliance. ​
  9. Penalties and Compounding of Offenses:
    • The penalties for non-compliance have been updated, including specific fines for different types of offenses. ​
    • The sum for compounding offenses has been specified, with different amounts for retailers, wholesale dealers, manufacturers, and importers. ​
  10. Registration Requirements:
    • The process for registering manufacturers, packers, and importers has been clarified, including the requirement to provide a complete address and the option to register a shorter address. ​
  11. Declaration of Quantity:
    • The rules for declaring the net quantity of commodities have been refined, including the requirement to exclude the weight of wrappers and materials other than the commodity. ​
  12. Best Before/Use by Date:
    • The requirement to declare the “best before” or “use by” date for commodities that may become unfit for human consumption after a period of time has been emphasized. ​

These amendments aim to enhance consumer protection, ensure transparency, and adapt to the evolving marketplace, including the rise of e-commerce.

The e book of  Legal Metrology (Packaged Commodities) Rules, 2011 can be downloaded from https://doca.gov.in/lm-ebook/

source: https://doca.gov.in/lm-ebook/

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 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/

DRAFT AMENDMENTS TO THE CCI REGULATIONS, 2009

CCI (Competition Commission of India) is amending its Regulations and the notification was released on June 6th 2024. Public Consultation is open and comments are invited from the public.

Consultation on draft ‘The Competition Commission of India (General) Regulations, 2009’ Back ground Note for the proposed amendment and proposed draft amendments are posted in the CCI’s portal. Sharing the links below for the same.


Background Note https://cci.gov.in/images/stakeholderstopicsconsultations/en/background-note1717612208.pdf

Draft amendmentshttps://cci.gov.in/images/stakeholderstopicsconsultations/en/draft-amendments-to-the-cci-general-regulations-20091717612278.pdf

The stakeholders can submit written comments on the draft amendments to the Competition Commission of India (General) Regulations, 2009, within 30 (thirty) days from 06.06.2024 to 08.07.2024.

The stakeholders can submit their comments at the link shared below: https://cci.gov.in/stakeholders-consultations/30

source : https://cci.gov.in/stakeholders-topics-consultations

Notification

Guidelines on Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022

The Central Consumer Protection authority (CCPA) under the Department of Consumer Affairs has notified ‘Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022’ with an objective to curb misleading advertisements and protect the consumers, who may be exploited or affected by such advertisements.

The guidelines seek to ensure that consumers are not being fooled with unsubstantiated claims, exaggerated promises, misinformation and false claims. Such advertisements violates various rights of consumers such as right to be informed, right to choose and right to be safeguarded against potentially unsafe products and services

Keeping in view the sensitiveness and vulnerability of children and severe impact advertisements make on the younger minds, several preemptive provisions have been laid down on advertisements targeting children. Guidelines says that advertisement targeting children shall not feature any personalities from the field of sports, music or cinema for products which under any law requires a health warning for such advertisement or cannot be purchased by children

Guidelines also stipulates that disclaimer shall not attempt to hide material information with respect to any claim made in such advertisement, the omission or absence of which is likely to make the advertisement deceptive or conceal its commercial intent and shall not attempt to correct a misleading claim made in an advertisement.

Similarly, clear Guidelines are laid for duties of manufacturer, service provider, advertiser and advertising agency, due diligence to be carried out before endorsing and others. Guidelines aims to protect consumer’s interest through bringing in more transparency and clarity in the way advertisements are being published, so that, consumers are able to make informed decisions based on facts rather than false narratives and exaggerations. 

Penalty for violating the Guidelines are also clearly outlined. CCPA can impose penalty of upto 10 lakh rupees on manufacturers, advertisers and endorsers for any misleading advertisements. For subsequent contraventions, CCPA may impose a penalty of upto 50 lakh rupees. The Authority can prohibit the endorser of a misleading advertisement from making any endorsement for upto 1 year and for subsequent contravention, prohibition can extend upto 3 years.

Source: https://consumeraffairs.nic.in/en/latestnews/guidelines-prevention-misleading-advertisements-and-endorsements-misleading