E-Commerce and Consumer Rights: The Missing Dates Dilemma
Identical Packaging, Different Information
Identical Packaging, Missing Details: When purchasing chocolate from an online retailer versus a local grocery store, the appearance and taste remain unchanged. However, a significant difference lies in the ability to choose manufacturing and expiry dates. In a physical store, customers can easily check the back of the package for these dates before making a purchase. Unfortunately, this option is not available for online products, where crucial information like dates is often absent from the images and descriptions provided.
This raises concerns about consumer rights, as mandated by law. But is the government taking action? Over the past two years, regulatory bodies such as the Central Consumer Protection Authority (CCPA) and the Food Safety and Standards Authority of India (FSSAI) have been advocating for the mandatory display of essential information, including expiry dates. Yet, e-commerce platforms continue to disregard these regulations.
Regulatory Actions: The FSSAI has reported issuing approximately 27 notices to food business operators in recent weeks, but compliance remains elusive. According to the Legal Metrology Act of 2009 and its 2011 rules, all packaged goods must display their manufacturing date, net quantity, retail price, and best-before or use-by dates.
Amendments and E-Commerce Growth: In 2017, an amendment was introduced to the Legal Metrology (Packaged Commodities) Rules, specifically addressing the need for e-commerce platforms to display 'best before or use by' dates. As e-commerce began to flourish in India, consumers welcomed this new shopping method.
Increased Vigilance in 2020: With the rise of new e-commerce players, the government intensified its oversight. In 2020, the FSSAI mandated that e-commerce food business operators implement measures to ensure compliance with labeling and display regulations.
The Consumer Protection (E-Commerce) Rules, 2020 require online platforms to provide consumers with vital information prior to purchase. Rule 6(5) emphasizes that sellers must ensure product listings include necessary details for informed decision-making, although it does not explicitly mention manufacturing or expiry dates.
We reached out to major players in the industry, including Blinkit, Zepto, Swiggy Instamart, BigBasket, Amazon Now, and Flipkart Minutes, inquiring why manufacturing and expiry dates are absent from their listings. All remained silent, with Blinkit and Amazon requesting 48 hours for a response, yet no communication was received even after an additional 48 hours.
Calls for New Regulations: In addition to existing laws, the government has established channels for consumer complaints through helplines and online portals. Consumers can file grievances with the National Consumer Helpline or approach the Consumer Commission under the Consumer Protection Act of 2019. However, these remedies do not specifically address the unique challenges of e-commerce regarding manufacturing and expiry dates.
According to Sonam Chandwani, Managing Partner at KS Legal & Associates, "What is needed is not new legislation, but consistent enforcement of existing laws that have evolved to accommodate digital retail. Platforms must recognize that these disclosures are legal obligations, not optional features."
Dr. Palaniappan Manickam, a board-certified gastroenterologist based in the US, noted, "Many believe expiry dates only pertain to food safety, but they convey different meanings. An expiry date indicates when a product should no longer be consumed due to safety concerns, while a best-before date relates to quality, indicating that the product may still be safe but could have diminished taste or nutritional value."