Central Consumer Protection Authority (CCPA) Issues Safety Notice on E-Commerce Sale of Acid.

The Central Consumer Protection Authority (CCPA), under the leadership of Chief Commissioner Mrs. Nidhi Khare, has issued a Safety Notice under Section 18(2)(j) of the Consumer Protection Act, 2019, alerting consumers against the purchase of acid on e-commerce platforms. The move follows growing concerns about the ease with which hazardous corrosive acids are being sold online, often without any safeguards to ensure consumer protection or public safety.

Rising Concerns Over Online Sale of Corrosive Acids

CCPA has raised alarms over the sale of highly corrosive acids on online platforms, emphasizing that the easy availability of such dangerous substances poses significant risks to consumer safety and public well-being. The Consumer Protection Act, 2019, seeks to safeguard consumers from products that are hazardous to life and property. This includes the right to be informed about the quality, quantity, and safety of goods or services being marketed.

The Supreme Court of India, in the case of Laxmi vs. Union of India (W.P. (Crl.) No. 129 of 2006), had already issued stringent directions concerning the sale of acid. The Court’s judgment and subsequent guidelines by the Ministry of Home Affairs (MHA) in 2013 mandated specific procedures to regulate acid sales, including age verification and a documented record of the buyers details and the purpose of purchase. Despite these regulations, e-commerce platforms have been found lacking in implementing the necessary checks and balances, allowing the sale of acid in violation of these directives.

Key Safety Measures and Regulatory Directives

The Supreme Court’s ruling laid out specific conditions that must be met for the sale of corrosive substances:

1. Photo ID Requirement: The buyer must present a government-issued photo ID to confirm they are above 18 years of age.
2. Purpose of Purchase: Sellers are required to record the reason behind the acid purchase.
3. Seller Accountability: E-commerce sellers must maintain a logbook detailing the sale, including buyer information, quantity sold, and purpose.
4. Stock Declaration: Acid stock must be declared to the Sub-Divisional Magistrate (SDM) within 15 days, with fines for non-compliance.

These measures were introduced to curb the growing menace of acid attacks, which have serious repercussions for individuals and society at large.

E-Commerce Platforms Under Scrutiny

The sale of acid on e-commerce platforms has drawn criticism for failing to comply with these guidelines. Notably, many platforms allow consumers to purchase acid with no verification of their identity, no check on the buyers age, and no inquiry into the purpose of the purchase. This raises concerns about the lack of regulation; as corrosive substances can be easily procured with just a few clicks.

Under the Consumer Protection (E-Commerce) Rules, 2020, e-commerce entities are prohibited from engaging in unfair trade practices, which include selling hazardous substances without proper safeguards. The CCPA’s notice highlights the urgent need for these platforms to adopt appropriate measures to prevent the illegal sale of acid. This includes taking an undertaking from sellers to ensure compliance with regulations and making sure that buyers provide a valid reason for procuring acid.

CCPA’s Immediate Recommendations to E-Commerce Platforms

To address these concerns, CCPA has urged e-commerce platforms to immediately implement the following measures to prevent the sale of acid:

1. Seller Compliance Undertaking: E-commerce platforms should secure a separate written undertaking from sellers to comply with all mandatory regulations concerning the sale of acid.
2. Mandatory Photo ID Upload: Buyers should be required to upload a government-issued photo ID to confirm that they are above 18 years of age.
3. Purpose Declaration: Platforms must include a mandatory field during the purchasing process where buyers declare the purpose of procuring acid, ensuring that the substance is not being misused.

Consumer Safety Remains a Top Priority

The CCPA’s safety notice serves as a reminder to consumers to be cautious when purchasing potentially hazardous substances online. Acid is a highly dangerous product that can cause severe harm and long-term damage. The ease of online transactions makes it all the more important to ensure stringent checks are in place to protect consumers and prevent misuse.

E-commerce platforms are urged to act swiftly to implement these safeguards, in compliance with the Supreme Courts directions and MHA guidelines, to prevent the sale of acid in an unregulated manner.

As the watchdog for consumer protection in India, CCPA continues to monitor the safety of products sold across digital platforms, working to ensure that all goods marketed online meet safety standards and adhere to legal regulations.

Conclusion

The sale of acid on e-commerce platforms without proper oversight poses a grave risk to consumer safety and public health. By urging platforms to implement robust verification mechanisms, the CCPA is reinforcing its commitment to consumer protection. Both consumers and e-commerce businesses must recognize the importance of adhering to safety regulations, especially when it involves hazardous substances like corrosive acids.