Context: The Department of Consumer Affairs, Legal Metrology Division has notified a draft amendment to the Legal Metrology (Packaged Commodities) Rules 2011.
It is mandatory under the Legal Metrology (Packaged Commodities) Rules, 2011 to ensure a number of declarations, such as:
the name and address of the manufacturer/packer/importer,
the country of origin,
the common or generic name of the commodity,
the net quantity,
the month and year of manufacture,
the Maximum Retail Price (MRP)
Consumer care information.
All pre-packaged commodities should also be inspected.
The rules says that the principal display panel means the total surface area of a package containing the information required in accordance with these rules
the pre-printed information could be grouped together and given in one place and the online information in another place.
The rules provide that the declaration on the package must be legible and prominent.
The consumers’ ‘right to be informed’ is violated when important declarations are not prominently displayed on the package.
If there is more than one major product the rules states that the name or number of each product shall be mentioned on the package.
This sub-rule is not applicable to mechanical or electrical commodities.
The proposed amendments
The proposed amendments suggest that at least two prime components should be declared on the package’s front side along with the brand name.
Currently, manufacturers list the ingredients and nutritional information only on the back of the packaging.
This declaration must also include the percentage/quantity of the USPs of the product in the same font size as the declaration of the USPs.
Mechanical or electrical commodities are excluded from this.
When this new provision is added, consumers will not be misled by the fake claims of manufacturers relating to the content in blended foods and cosmetics.
Earlier amendment:
In July 2022, the Department of Consumer Affairs had notified the Legal Metrology (Packaged Commodities), (Second Amendment) Rules 2022.
It allowed the electronic products to declare certain mandatory declarations through the QR Code for a period of one year, if not declared in the package itself.
This amendment allows the industry to declare the elaborated information in the digital form through the QR Code.
Need for the amendments:
It is common for consumers to assume that brands’ claims are accurate, but such claims are usually misleading.
The front side of the package must contain the percentage of the composition of the unique selling proposition (USP).
A USP also known as a unique selling point, is a marketing strategy designed to inform customers about the superiority of one’s own brand or product.
Listing the USP of a product on the front of the package without disclosing its composition percentage violates consumer rights.
Also, packages displaying key constituents must display a percentage of the content used to make the product.
For example, if a brand sells aloe vera moisturiser or almond milk/biscuits, then the maximum percentage of the product should be aloe vera and almond, otherwise, the product name is misleading.
