Consumer Rights at Risk: The Missing Manufacturing and Expiry Dates in Quick-Commerce

The Hidden Dangers of Quick-Commerce

Deceptive Practices in Quick-Commerce: When selecting a product from a store, the first thing you typically check is its manufacturing and expiry dates. However, on India's rapid delivery apps, this crucial information is often absent. With just a tap and a quick payment, items are delivered in minutes, leaving consumers unaware of what they are consuming or applying to their skin. A new initiative titled "E-Comms Hiding Health Info" aims to hold these platforms accountable for not providing essential information that consumers have the right to access.

The trend is alarming. Following the surge in demand for ten-minute deliveries post-COVID, it appears that regulatory oversight has also sped up, leading to the omission of basic product details. The absence of manufacturing and expiry dates raises significant concerns, as numerous cases involving food, cosmetics, and health products sold online are emerging.

We reached out to major players in the industry, including Blinkit, Zepto, Swiggy Instamart, BigBasket, Amazon Now, and Flipkart Minutes, to inquire why these critical dates are missing from their listings. Unfortunately, none provided a response. Blinkit and Amazon requested additional time, but as of June 27, no answers have been received.

It's essential to understand that whether shopping in-store or online, consumer rights remain intact. Here’s what the law stipulates.

Q: Are these platforms legally obligated to display this information?

Legal experts assert that Indian consumer protection and product labeling laws mandate online marketplaces to provide vital product information, especially for food items, cosmetics, and health supplements that have shelf-life declarations. Varun Katiyar, Managing Partner at Consortium Legal, emphasized that in an online setting, this responsibility is even more critical since consumers cannot physically inspect products prior to purchase. The failure to disclose such information could be seen as a lack of transparency and may constitute an unfair trade practice under consumer protection laws.

Abhishek Bagga, Associate Partner at King Stubb & Kasiva, noted that according to the Legal Metrology (Packaged Commodities) Rules 2011 and the Consumer Protection (E-Commerce) Rules 2020, consumers must receive all necessary product information before making a purchase. For products that are legally required to display expiry or best-before dates, such information should be clearly visible in online listings.

Q: What can you do if a product arrives expired?

Experts advise that if consumers find a product is expired or close to expiry upon delivery, they can request refunds, replacements, or other remedies through the seller or the platform's complaint resolution system. If issues remain unresolved, consumers have the option to approach Consumer Disputes Redressal Commissions under the Consumer Protection Act, 2019, which may provide remedies such as refunds, compensation for losses, or actions against unfair trade practices. Additionally, complaints can be filed with the National Consumer Helpline or the INGRAM portal, and depending on the product, with the Central Consumer Protection Authority (CCPA), Legal Metrology authorities, or the Food Safety and Standards Authority of India (FSSAI). In cases where expired products lead to health issues or financial loss, consumers may also pursue product liability claims under the Consumer Protection Act.

Q: Who is responsible — the seller, the app, or both?

While the seller and manufacturer are primarily responsible for adhering to product safety and labeling regulations, experts indicate that e-commerce platforms cannot completely absolve themselves of responsibility for such violations. The degree of liability will depend on the platform's involvement—whether it merely serves as a marketplace or is aware of violations and fails to act. Abhishek elaborated that under the Legal Metrology (Packaged Commodities) Rules, e-commerce platforms have an independent duty to display mandatory information, including expiry or best-before dates when applicable. Non-compliance with this obligation could expose the platform to liability separate from that of the seller.

Q: What if your complaints are ignored?

Repeated failure to disclose mandatory expiry information is not just a customer service issue; it could violate consumer protection and product labeling laws. Such non-compliance may lead to both the seller and, in certain cases, the e-commerce platform facing consumer proceedings and regulatory actions. Consumers can file complaints with Consumer Commissions for deficiencies in service and unfair trade practices if their complaints are consistently overlooked. Authorities like the CCPA, Legal Metrology departments, and FSSAI may also step in when systemic non-compliance is evident.

Having a date on a label is not merely a courtesy; it is a legal requirement that distinguishes between a safe product and one that has surpassed its shelf life. Quick-commerce apps have built their business on speed, but they cannot bypass fundamental responsibilities. We will continue to demand answers until we receive them.