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Sale of Toys: Notices issued to e-commerce entities on violation of standards

The CCPA has also written to the Director General, Bureau of Indian Standards (BIS) to take immediate cognizance of the matter and take necessary action.

Sale of Toys: Notices issued to e-commerce entities on violation of standards

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The Central Consumer Protection Authority (CCPA) has issued notices to e-commerce entities, Amazon, Flipkart and Snapdeal for sale of toys in violation of standards directed for compulsory use by the Central Government.

The CCPA has sought response from the e-commerce entities within seven days from issuance of notice, failing which necessary action may be initiated against them under the provisions of the Consumer Protection Act, 2019.

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The CCPA has also written to the Director General, Bureau of Indian Standards (BIS) to take immediate cognizance of the matter and take necessary action, the Ministry of Consumer Affairs, Food & Public Distribution said today.

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The 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. The goods include consumer durables such as electric immersion water heaters, electric iron, domestic gas stove, microwave oven and sewing machines.

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 an Action Taken Report to CCPA.

Under Section 2(10) the Consumer Protection Act, 2019, “defect” in goods 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. Thus, toys which do not conform to the compulsory standards are liable to be 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 in the course of business on its platform or otherwise.

The Central Government notified the Toys (Quality Control) Order, which came into force on 1st January, 2021, vide which toys are required to conform to the BIS Standards. The order mentions safety of toys as a major factor.

The toys observed to be in violation to the compulsory standards and listed on the e-commerce platforms include Webby Walkie Talkie Toy with Range Upto 100 Feet; Flight Radio RC Remote Control Chargeable Helicopter Toy for Kids and Dancing cactus Musical toys.

 

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