Central
Consumer Protection Authority Issues Notices to E-commerce Entities for Selling
Toys that Violate Compulsory BIS Standards
·
Country-wide
campaign to prevent sale of spurious and counterfeit goods that violate Quality
Control Orders expanded to include consumer durables
·
Toys which do not conform to the compulsory
standards are liable to held ‘defective’ under the Act
·
Under Section 2(10) the Consumer Protection
Act, 2019, "defect" means any fault, imperfection or shortcoming in
the quality, quantity, potency, purity or standard which is required to be maintained
by or under any law for the time being in force or under any contract, express
or implied or as is claimed by the trader in any manner whatsoever in relation
to any goods or product and the expression "defective" shall be
construed accordingly. Thus, toys which do not conform to the compulsory
standards are liable to held ‘defective’ under the Act.
The Central Consumer Protection
Authority (CCPA) issued notices to e-commerce entities, Amazon, Flipkart and Snapdeal
for sale of toys in violation to standards directed for compulsory use by the Central
Government.
CCPA has sought response from
the e-commerce entities within 7 days from issuance of notice, failing which necessary
action may be initiated against them under the provisions of the Consumer Protection
Act, 2019.
CCPA has also written to Director
General, Bureau of Indian Standards (BIS) to take immediate cognizance of the matter
and take necessary action.
CCPA has expanded the country-wide
campaign to prevent sale of spurious and counterfeit goods that violate Quality
Control Orders (QCOs) published by the Central Government to include consumer durables
such as electric immersion water heaters, electric iron, domestic gas stove, microwave
oven, sewing machines etc.
In this regard, CCPA has written
to District Collectors across India to investigate unfair trade practices and violation
of consumer rights concerning manufacture or sale of such goods and submit Action
Taken Report to CCPA.
Under Section 2(10) the Consumer
Protection Act, 2019, "defect" means any fault, imperfection or shortcoming
in the quality, quantity, potency, purity or standard which is required to be maintained
by or under any law for the time being in force or under any contract, express or
implied or as is claimed by the trader in any manner whatsoever in relation to any
goods or product and the expression "defective" shall be construed accordingly.
Thus, toys which do not conform to the compulsory standards are liable to held ‘defective’
under the Act.
The Consumer Protection (E-commerce)
Rules, 2020 stipulate that no e-commerce entity shall adopt any unfair trade practice,
whether the in course of business on its platform or otherwise.
The Central Government notified
the Toys (Quality Control) Order, which came into force on 01.01.2021, vide which
toys are required to conform to the following BIS Standards –
|
Goods
or articles |
Indian
Standard |
Title
of Indian Standard |
|
(1) |
(2) |
(3) |
|
Toys |
IS
9873 (Part 1) : 2018 |
Safety
of Toys Part l Safety Aspects Related to Mechanical and Physical Properties. |
|
|
IS
9873 (Part 2) : 2017 |
Safety
of Toys Part 2 Flammability |
|
|
IS
9873 (Part 3) : 2017 |
Safety
Requirements for Toys Part 3 Migration of Certain Elements. |
|
|
IS
9873 (Part 4) : 2017 |
Safety
of Toys Part 4 Swings, Slides and Similar Activity Toys for Indoor and
Outdoor Family Domestic Use. |
|
|
IS
9873 (Part 7) : 2017 |
Safety
of Toys Part 7 Requirements and Test Methods for Finger Paints. |
|
|
IS
9873 (Part 9) : 2017 |
Safety
of Toys Part 9 Certain Phthalates Esters in Toys and Children’s Products |
|
|
IS
15644: 2006 |
Safety
of Electric Toys. |
Further, Section 17 of the BIS Act, 2016 prohibits any
person to manufacture, import, distribute, sell, hire, lease, store or exhibit for
sale any such goods or article for which direction (QCO) of compulsory use of Standard
Mark has been published by the Central Government under Section 16(1). Further,
Section 29 (3) and (4), stipulate the penalty for contravention of Section 17 and
designate it as a cognizable offence.
The toys observed to be in violation
to the compulsory standards and listed on the e-commerce platforms is tabulated
below –
|
Amazon |
||
|
SNo. |
Name
of the Product |
Product
link |
|
1. |
Webby
Walkie Talkie Toy with Range Upto 100 Feet (Multi-Color) |
|
|
2. |
Storio
Toys Dancing Cactus Talking Toy, Cactus Plush Toy, Wriggle & Singing
Recording Repeat What You Say Funny Education Toys for Babies Children
Playing, Home Decorate (Cactus Toy) |
|
|
3. |
ZooBee 4
Pack Take Apart Truck - Car Toys for Kids, DIY Construction Building Sand
Toys Vehicle Set with Disassembly Tool for Toddler Boys Girls, Educational
Sandbox Toys Gift for Kids Age 3 4 5 6 |
|
|
4. |
WudCraft
Push and Go Durable 4 Wheel Drive Friction Powered Monster Truck Toy for Kids |
|
|
Flipkart |
||
|
S
No. |
Name
of the Product |
Product
link |
|
1. |
HREYANSH
COLLECTION Flight Radio RC Remote Control Chargeable Helicopter Toy for Kids
| Boys (Multicolor) |
|
|
2. |
migwow
Stunt Car 360°rotating rolling radio control electric race car, (Blue) (Blue) |
|
|
3. |
INTRA
360 degrees Naughty Digital Dancing Robot (White) |
|
|
4. |
Jada
Fast and Furious 1:32 Scale Diecast 2002 Nissan Skyline Silver Car Playset
for Kids Boys and Girls Age 8 Years and above (Multicolor,
Pack of: 1) |
|
|
Snapdeal |
||
|
1. |
STALLION
TRADING Dancing cactus Musical toys for Boys/Girls/Baby toys/Singing
Recording Repeat What You Say Funny Education Toys for Kids |
https://www.snapdeal.com/product/stallion-trading-dancing-cactus-musical/660513683524 |
|
2. |
Rattle
Toys for Kids, Set of 4 Pcs - Colourful Lovely Attractive
Rattles and Teether for Babies, Toddlers, Infants & Children Rattles
Rattle Toys for Infants |
https://www.snapdeal.com/product/rattle-toys-for-kids-set/679616823237 |