Consumer Interest is of Utmost Importance: Consumer Affairs Secretary

GG News Bureau
New Delhi, 12th Jan. 
The Secretary of the Department of Consumer Affairs and Chief Commissioner of the Central Consumer Protection Authority, Rohit Kumar Singh, emphasized the paramount importance of consumer interest during the 3rd meeting of the committee to develop guidelines for “Protection of Consumer Against Greenwashing.”

The Secretary highlighted the need for clarity, particularly in addressing certain aspects related to environmental claims in advertisements.

He further stated that the Department is committed to protecting consumer rights and ensuring that no false or misleading advertisements are made for any goods or services that violate the provisions of the Consumer Protection Act, 2019.

The committee discussed the draft guidelines, which define “Greenwashing” and “Environmental claims.”

These guidelines will apply to all advertisements or service providers, product sellers, advertisers, advertising agencies, or endorsers involved in promoting such goods or services.

The guidelines prescribe various disclosures that companies making green claims will be required to make. These disclosures include:

1. All environmental claims must be accurate and disclose all relevant information either in the advertisement or through a QR Code or web link.

2. Data from research should not be selectively chosen to highlight only favorable observations while hiding unfavorable ones.

3. Environment-related claims should specify whether they refer to the product, manufacturing process, packaging, use, disposal, service, or process of rendering the service.

4. All environmental claims must be supported by verifiable evidence.

5. Comparative environmental claims must be based on verifiable and relevant data disclosed to consumers.

6. Specific environmental claims must be supported by credible certification, reliable scientific evidence, and independent third-party verification.

The guidelines also prohibit the use of vague terms such as “green,” “eco-friendly,” “eco-consciousness,” “good for the planet,” “cruelty-free,” and similar assertions without appropriate disclosures.

The draft guidelines also provide guidance and examples for aspirational or futuristic environmental claims to assist the industry.

It was clarified that penalties for misleading advertisements related to greenwashing will be governed by the Consumer Protection Act, 2019. The guidelines serve as clarification for stakeholders, and violations of the Consumer Protection Act, 2019 will continue to be governed by its existing provisions.

The committee includes representatives from National Law University (NLU) Delhi and National Law University (NLU) Ranchi, Ikigai Law firm, Nishit Desai law firm, various Voluntary Consumer Organizations (VCOs), Federation of Indian Chambers of Commerce and Industry (FICCI), Associated Chambers of Commerce and Industry of India (ASSOCHAM), Confederation of Indian Industry (CII), Manufacturers Association Information Technology (MAIT), Mumbai Grahak Panchaya, Consumer Voice, Advertising Standards Council of India (ASCI), and Indian Beauty & Hygiene Association (IBHA).

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