DEFINITION:

Hazardous products refer to items that pose potential risks to health, safety, or the environment. These can include:

• Defective consumer products (toys, electronics)

• Contaminated food or beverages

• Dangerous pharmaceuticals or cosmetics

• Harmful chemicals and substances

• Faulty machinery or equipment

 

 

STEPS FOR CONSUMERS WHEN ENCOUNTERING HAZARDOUS PRODUCTS:

1. Stop Using the Product: Immediately cease using the product if it poses any risk.

2. Document the Issue: Take photos, keep receipts, and record all relevant details such as the date of purchase and the nature of the problem.

3. Report to the Seller: Inform the seller or manufacturer about the issue. Many companies have policies for handling defective or hazardous products.

4. Preserve Evidence: Do not dispose of the product as it may be needed for inspection.

5. Seek Medical Help if Needed: If the product has caused any injury, seek medical attention immediately.

 

 

HOW TO REGISTER A COMPLAINT:

1. Consumer Helpline: Call the National Consumer Helpline at 1800-11-4000 or 14404.

2. Online Complaint:

   • Visit the Consumer Helpline website and register a complaint online.

   • Use the mobile app “Consumer App” available on both Android and iOS platforms.

3. Consumer Forum: File a complaint with the District, State, or National Consumer Dispute Redressal Commission depending on the value of the claim.

4. Regulatory Authorities: Contact specific regulatory authorities for certain product categories:

   • Food: Food Safety and Standards Authority of India (FSSAI)

   • Drugs and Cosmetics: Central Drugs Standard Control Organization (CDSCO)

   • Electrical and Electronics: Bureau of Indian Standards (BIS)

 

 

APPLICABLE SECTIONS AND LEGAL FRAMEWORK:

1. Consumer Protection Act, 2019:

   • Section 2(11): Defines 'deficiency'.

   • Section 2(34): Defines 'product liability'.

   • Section 2(35): Defines 'product liability action'.

   • Chapter VI: Deals with product liability.

2. Drugs and Cosmetics Act, 1940:

   • Section 17: Misbranded drugs.

   • Section 18: Prohibition of manufacture and sale of certain drugs and cosmetics.

3. Food Safety and Standards Act, 2006:

   • Section 26: Responsibilities of the Food business operator.

   • Section 31: Licensing and registration of food businesses.

4. Indian Penal Code, 1860:

   • Section 272: Adulteration of food or drink intended for sale.

   • Section 273: Sale of noxious food or drink.

 

 

CONCERNED AUTHORITIES:

1. Consumer Protection Authority (CPA): Established under the Consumer Protection Act, 2019 to protect and enforce the rights of consumers.

2. National Consumer Disputes Redressal Commission (NCDRC): Handles consumer complaints at the national level.

3. State Consumer Disputes Redressal Commissions (SCDRC): Handles consumer complaints at the state level.

4. District Consumer Disputes Redressal Forums (DCDRF): Handles consumer complaints at the district level.

5. Regulatory Bodies:

   • Food Safety and Standards Authority of India (FSSAI)

   • Central Drugs Standard Control Organization (CDSCO)

   • Bureau of Indian Standards (BIS)

 

 

CASE LAWS:

1. MC Mehta vs. Union of India (1986): This case established the principle of absolute liability for industries engaged in hazardous activities.

2. Indian Medical Association vs. V.P. Shantha (1995): This case brought medical services under the purview of consumer protection laws.

3. Hindustan Coca-Cola Beverages Pvt. Ltd. vs. Santosh Rani (2011): The company was held liable for selling a defective product that caused health issues.

4. Nestle India Ltd. vs. Union of India (2015): The Maggi noodles case where Nestle was ordered to withdraw the product from the market due to excessive lead content.

 

 

SUMMARY:

These steps and legal provisions ensure that consumers in India have the necessary recourse to address issues with hazardous products and seek redressal. Hazardous products can have severe impacts on consumers, including health issues such as respiratory problems, skin diseases, and long-term illnesses like cancer. Exposure to toxic chemicals in products like pesticides, cosmetics, and household cleaners can lead to acute and chronic health problems. Additionally, improper regulation and lack of awareness contribute to the risks, making it crucial for stricter safety standards and consumer education to mitigate these effects

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