DEFINITION:

Spurious goods have been defined under section 2(16) of the Consumer Protection Act, 2019- "Spurious goods" means such goods which are falsely claimed to be genuine.

Spurious goods refer to counterfeit, fake, or substandard products that are made to imitate genuine goods. These can include anything from pharmaceuticals, food products, cosmetics, electronics, to everyday consumer goods. The primary risks associated with spurious goods are health hazards, safety issues, and economic loss.

 

STEPS FOR CONSUMERS WHEN ENCOUNTERING SPURIOUS GOODS:

1. Verify Authenticity:

   • Check labels, packaging, and seals.

   • Verify the product through the manufacturer's official website or customer service.

2. Gather Evidence:

   • Keep the receipt and any packaging.

   • Take photos or videos of the product and its defects.

3. Stop Using the Product:

   • Immediately discontinue use to avoid potential harm.

4. Contact the Seller:

   • Report the issue to the retailer or e-commerce platform where the product was purchased.

5. Notify the Manufacturer:

   • Inform the brand or manufacturer about the counterfeit product.

 

 

HOW TO REGISTER A COMPLAINT:

Consumer Helplines and Portals:

1. • National Consumer Helpline (NCH): Call 1800-11-4000 or 14404, or visit consumerhelpline.gov.in.

   • Grievance Against Misleading Advertisements (GAMA): Register a complaint at gama.gov.in.

2. Consumer Courts:

   • File a complaint in the appropriate consumer forum (District, State, or National).

3. E-commerce Platforms:

   • Use the dispute resolution mechanism provided by the platform.

4. Police Complaint:

   • For serious fraud, file a First Information Report (FIR) at the nearest police station.

5. Food Safety and Standards Authority of India (FSSAI):

   • For food products, report to FSSAI via their website fssai.gov.in or the Food Safety Connect app.

 

APPLICABLE SECTIONS AND LEGAL FRAMEWORK:

1. Consumer Protection Act, 2019:

   • Section 18: Central Consumer Protection Authority (CCPA) has the power to regulate matters relating to violation of consumer rights, unfair trade practices, and misleading advertisements.

   • Section 91: Penalties for manufacturing for sale or storing, selling, or distributing spurious goods.

2. Drugs and Cosmetics Act, 1940:

   • Section 17B: Defines spurious drugs.

   • Section 18: Prohibits the manufacture and sale of spurious drugs.

   • Section 27: Penalties for violation.

3. Legal Metrology Act, 2009:

   • Section 36: Penalties for use of unverified weights and measures and selling of spurious goods.

4. Indian Penal Code (IPC):

   • Section 420: Cheating and dishonestly inducing delivery of property.

   • Section 486: Selling goods marked with a counterfeit property mark.

 

 

CONCERNED AUTHORITIES:

1. Central Consumer Protection Authority (CCPA):

   • Established under the Consumer Protection Act, 2019 to address issues related to consumer rights violations and unfair trade practices.

2. Food Safety and Standards Authority of India (FSSAI):

   • Regulates food safety and standards in India.

3. Drug Control Authorities:

   • Monitor and control the manufacture and sale of pharmaceuticals.

4. Bureau of Indian Standards (BIS):

   • Ensures compliance with quality standards.

5. Police and Judiciary:

   • Handle criminal aspects of counterfeit and fraud cases.

 

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CASE LAWS:

1. Laxmi Engineering Works vs. P.S.G. Industrial Institute (1995):

   • The Supreme Court ruled on the definition and rights of consumers under the Consumer Protection Act.

2. Marico Limited vs. Adani Wilmar Limited (2013):

   • Addressed issues of misleading advertisements and unfair trade practices in the FMCG sector.

3. GlaxoSmithKline Pharmaceuticals Ltd. vs. Union of India (2012):

   • The Bombay High Court dealt with the issue of spurious drugs and the responsibilities of the manufacturer.

4. Hindustan Unilever Limited vs. Satish Sharma (2016):

   • Involved consumer complaints regarding substandard quality of products.

5. Cadila Health Care Ltd. vs. Cadila Pharmaceuticals Ltd. (2001):

   • The Supreme Court discussed the importance of distinctiveness in trademarks to prevent consumer confusion between genuine and spurious products.

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SUMMARY:

Spurious goods negatively impact consumers by causing health risks, financial loss, and reduced product efficacy. These counterfeit or substandard products, which often mimic genuine brands, can lead to serious health issues and undermine consumer trust. These guidelines and steps help ensure that consumers in India can effectively address the issue of spurious goods and seek appropriate remedies.

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