Consumer Protection Alert: Safety Notice on Acid Purchase through E-commerce Platforms

November 30, 2023

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. The notice aims to caution consumers against the purchase of highly corrosive acids on e-commerce platforms, emphasizing the potential dangers and risks associated with such transactions.

Background and Legal Framework

The notice is issued in accordance with Section 18(2)(j) of the Consumer Protection Act, 2019, which empowers the CCPA to take necessary measures for consumer protection.
The Act, in its preamble, prioritizes consumer safety as a fundamental objective, recognizing the right to be protected against hazardous goods or services.

Concerns and Regulatory Context

The CCPA has identified the sale of highly corrosive acids on e-commerce platforms, highlighting the potential threat to consumers and the public at large.
The sale of such hazardous substances is subject to regulations outlined by the Ministry of Home Affairs (MHA) in 2013, emphasizing the need for stringent measures to control access.

Violation of Supreme Court Directions

The notice points out that e-commerce platforms lack mechanisms for age verification and recording the purpose of purchasing acid, violating directions from the Hon’ble Supreme Court of India and MHA guidelines.

Key Directions and Recommendations

The Safety Notice urges e-commerce platforms to:

Incorporate Compliance Mechanisms:
- Ensure that acid is not purchased on their platforms in violation of state-mandated rules or, in their absence, adhere to MHA guidelines from August 30, 2013.
Undertaking from Sellers:
- Obtain a separate undertaking from sellers who offer acids, ensuring compliance with mandatory conditions for their sale.
Age Verification:
- Mandate the uploading of a government-issued Photo ID during the purchase process to prevent sales to individuals below the age of 18.
Reason/Purpose Declaration:
- Introduce a section during the purchase process where buyers must provide a specific reason or purpose for acquiring acid.

Legal Implications

The Safety Notice emphasizes that the sale of corrosive acid on e-commerce platforms, without adherence to regulations, violates Section 4(3) of the Consumer Protection (E-Commerce) Rules, 2020.