OVERVIEW

SALIENT FEATURES

Few Important features of the Consumer Protection Bill, 2018 that makes it superior over Consumer Protection Act, 1986

• Ambit of law- All goods and services, including telecom and housing construction, and all modes of transactions (online, teleshopping, etc.) for consideration. Free and personal services are excluded.
• Unfair trade practices (Defined as deceptive practices to promote the sale, use or supply of a good or service.)- The new Bill adds three types of practices to the list, namely: (i) failure to issue a bill or receipt; (ii) refusal to accept a good returned within 30 days; and (iii) disclosure of personal information given in confidence, unless required by law or in public interest. Contests/ lotteries may be notified as not falling under the ambit of unfair trade practices.
• Product liability- Claim for product liability can be made against manufacturer, service provider, and seller. Compensation can be obtained by proving one of the several specified conditions in the Bill.
• Unfair contracts- Defined as contracts that cause significant change in consumer rights. Lists six contract terms which may be held as unfair.
• Central Protection Councils (CPCs)- The new Bill makes CPCs advisory bodies for promotion and protection of consumer rights. Establishes CPCs at the district, State and national level.
• Regulator- Establishes the Central Consumer Protection Authority (CCPA) to promote, protect, and enforce the rights of consumers as a class.
• Pecuniary jurisdiction of Commissions- District: Up to Rs one crore; State: Between Rs one crore and up to Rs 10 crore; National: above Rs 10 crore.
• Penalties- If a person does not comply with orders of the Commissions, he may face imprisonment up to three years, or a fine not less than Rs 25,000 extendable to Rs one lakh, or both.

CAMPAIGN UPDATES

Panel Discussion WCRD 2019
Consumer-Protection Bill 2018
Consumer Protection Bill Bhamy Shenoy
Changes in Consumer Protection Bill 2018

Transfat

2020

Covid-19 changed the way we all worked. Our campaigns too were online and we resorted to social media and webinars to put forth our point on the elimination of trans fats in foods and oils. Here are some of the highlights from our campaign:

TWITTER CHAT ON THE OCCASION OF WORLD FOOD DAY

Consumer Voice organized national twitter chat on the occasion of world food day.

The twitter chat was supported by Experts -Dr Sujeet Ranjan Executive Director – The Coalition for Food and Nutrition Security (CFNS), Dr Shweta Khandelwal, Public health expert & nutritionist, Ms Kavita Devgan nutritionist & columnist and Dr Sanchika Gupta, Public Health Experts  besides  social activists, consumer organisations, fitness freak community, students etc.

WORLD FOOD DAY WEBINAR (16TH OCTOBER)

Participants included:

• Prabodh Halde, Head,Global Regulatory, Marico Ltd
• Biprabuddha Chatterjee, Head – R&D, Adani Wilmar
• Devender Yadav, Vice President- Quality, Food Safety and Regulatory, Jubilant FoodWorks Ltd
• Ashim Sanyal, COO, Consumer VOICE
• Rubeena , Director Standards, FSSAI
• Jagmeet Madan, National President, Indian Dietetic Association

WEBINAR ON TFA AND THE HEART (1ST OCTOBER)

An Outlook exclusive webinar on the perils of trans fatty acids, Dr Naresh Trehan, Chairman and MD of Medanta, Dr Ananya Awasthi, Assistant Director Harvard T.H.Chan School of Public Health, India Research Centre,  Laurene Aubert, Manager SUN Business Network’s Global Partnerships and GAIN N4G Lead at Global Alliance for Improved Nutrition speak on how trans fats can cause heart disease and why raising awareness is important.

CUT IT OUT  (19^TH AUGUST)

DR SHWETA KHANDELWAL – MATTER OF FAT

Dr Shweta Khandelwal explains the dangers of trans fats, and why nutrition is interlinked with deadly diseases and the empowerment of civil society in an exclusive conversation with Mr Ramannda Sengupta, Consultant Editor, Outlook Poshan.

IN CONVERSATION WITH DR. RAJAN SHANKAR

Dr Rajan Sankar, Director, Nutrition, for Tata Trusts in conversation with Mr Ramannda Sengupta, Consultant Editor, Outlook Poshan, talks candidly about the important linkages between trans fatty acids or TFA and non-communicable diseases and the need to act quickly to cap it.

TRANS-FAT AND HYPERTENSION

Globally, trans fat intake results in more than 500,000 deaths of people from cardiovascular disease every year.  Trans fat is also a reason for increased risk of cardiovascular diseases which is the biggest cause of death around the world. In India, hypertension and cardiovascular diseases are the most important risk factors for chronic disease burden Cardiovascular diseases (CVDs) have now become the leading cause of mortality in India. A quarter of all mortality is attributable to CVD. Ischemic heart disease and stroke are the predominant causes and are responsible for more than 80% of CVD deaths.

(Source: American Heart Association)

THERE ARE BASICALLY TWO FORMS OF TRANS-FATS: NATURAL AND ARTIFICIAL FORMS

Natural trans-fats occur in meat and dairy products and these are not considered to be harmful.

Artificial trans-fats or trans fatty acids is formed through industrial process by adding hydrogen to vegetable oil making the oil solid at room temperature.Food companies often use tans-fats, an inexpensive method, to enhance the taste and increase the shelf life. But this is considered dangerous for the health.These trans-fats are considered hazardous to our health. Eating these trans-fats increased bad (LDL) Cholesterol and reduces good (HDL) Cholesterol.

FOODS THAT CONTAIN TRANS FAT

Partially Hydrogenated Oils (PHOs) are the main source of industrially-produced trans fats. These oils are most frequently found in – baked and fried foods – prepared or pre-packaged snacks – fried street and restaurant foods. Heating and frying oil at high temperatures leads to modest increases by 3.67 g/100g and by 3.57 g/100g respectively while there is no evidence that other cooking methods, e.g., baking, boiling and grilling, lead to increased trans fats concentrations.

As per WHO, at present India has been reported to contain 6%-30% of Trans fats which is much beyond the recommended limit of 2%. A survey of street food in India (Delhi and Haryana) found that 25% of snack foods had levels of TFA more than recommended intake. Commonly consumed deep fried sweets in India (samosa, gulab jamun, jalebi) prepared with vanaspati are reported to contain up to 50% of fat as TFA.  More than 60,000 deaths approximately, were attributable to high trans-fat intake in India in 2010.

CAMPAIGN FOCUS

As per Draft Notifications of FSSAI, the Indian Food Safety Regulator, limit of trans fats in the fats / oils will be not more than 3% by weight on and from January 01, 2021 and not more than 2% by weight on and from January 01, 2022. On and from January 01, 2022, food products in which edible oils and fats are used as an ingredient shall not contain trans fats more than 2% by weight of the total fats / oils present in the product. Consumer VOICE is focusing on these Draft Notifications of FSSAI to generate awareness on trans fats.

AIM

VOICE has taken the initiative to spread awareness regarding hypertension and cardiovascular disease for the interest of public health. The overall aim of this campaign is to spread awareness among the public and stakeholders about the risks of trans-fat, hypertension, and overallcardiovascular disease prevention in India and adoption of 2% trans-fat limit in oils, fats and food items in India. VOICE has adopted multipronged strategy which include sensitizing media and public at large, engaging with Industry and Industry Associations involved in producing oils, fats and food items, working with food regulators to prioritise implementing trans-fats regulations in food items.

STRATEGY

Sensitizing the media and people on the ill effects of trans-fats and prevailing FSSAI’s current regulations and overall goal of making it less than 2% in 2020.

• Ensuring implementation of FSSAI regulations by industry producing oil and food products
• Creating resources to spread awareness on trans fats through case studies, best practices, research backed articles and various communication materials
• VOICE plans to hold workshops involving media and other stakeholders such as industry, regulators, nutrition and health specialist  and use the social media to reach out to the people and create a favourable environment for adoption of 2% trans-fats by 2020 and further its complete removal in the near future.

Consumer VOICE, COO, Mr Ashim Sanyal speaks about trans fat and hypertension

THE FIGHT AGAINST NCDS AND TRANS FAT

Non-communicable diseases (NCDs) have emerged as the leading cause of human mortality and morbidity in low, middle and high-income countries alike and India is not an exception. WHO has flagged off this as a major disaster for future and their control program REPLACE lists out the basic control measures. Food Regulator in India Food Safety and Standards Authority of India (FSSAI) has also issued a draft notification on eliminating chemical trans fats in food by 2022.

Read More

HERE ARE SOME RECOMMENDATIONS:

• Eat a dietary pattern that emphasizes fruits, vegetables, whole grains, low-fat dairy products, poultry, fish and nuts. Also limit red meat and sugary foods and beverages.
• Use naturally occurring, unhydrogenated vegetable oils such as canola, sunflower or olive oil.
• Look for processed foods made with unhydrogenated oil rather than partially hydrogenated or hydrogenated vegetable oils or saturated fat.
• Look for “0 g trans fat” on the Nutrition Facts label and no hydrogenated oils in the ingredients list.
• Doughnuts, cookies, muffins, samosas, jalebis and cakes are examples of foods that may contain trans fat. Limit how frequently you eat them.
• Limit commercially fried foods and baked goods made with shortening or partially hydrogenated vegetable oils. Not only are these foods very high in fat, but that fat is also likely to be trans fat.

EVENT UPDATES

GRSP Supported Safer Cars Campaign in India

OVERVIEW

Safer Cars in India is an initiative of Consumer VOICE supported by GRSP. Vehicle Safety is often overlooked in India. However, car accidents on Indian roads are often a result of poor safety standards in the car. The purpose of this campaign was to minimize deaths and serious injuries occurring in or due to car accidents on Indian Roads by enhancing car safety standards in India which can be at par with or better than global standards.

CAMPAIGN FOCUS

• To minimize deaths and injuries caused due to poor car safety standards in India
• To advocate for adoption/creation of regulations/standards for Indian cars on occupant protection in front collisions; occupant protection in lateral collisions; seatbelts and seatbelt anchorages; electronic stability control; and, pedestrian protection at par with global standards.
• To push the demand for safer passenger car in India by educating/sensitizing consumers and other stakeholders on car safety issues.

CHALLENGES

The main challenges faced were lack of proper information regarding progress for car safety standards/regulations in India, which was solved by seeking information under RTI and meetings with relevant stakeholders.

OUR STRATEGY

The project began with a basic in-house research on car safety issues to map stakeholders. This desk research contributed in preparing a booklet and briefing paper covering all issues involved in car safety in India and to prepare content for our awareness material, media and advocacy inputs. The material was developed by an expert. Click here for a Guide to Buying a Safer Car

There was lack of proper official stand and information regarding progress of car safety regulations in India. So, to gather that information, RTI was filed with the Ministry of Road Transport & Highways (MoRT&H), New Delhi.

The information received, as result of the RTI revealed very important information for our project. This was used to formulate our strategies and also for dissemination with consumers. The gist of the RTI information is given below:

 “Car safety issue on Automotive Industry Standards 098 and 099 are based on the BNVSAP notification dated 28/04/2015 on mandatory features notifications issued has not been challenged by SIAM or any other car manufacturers and hence it stands – Mandatory for new vehicles from 1^st October 2017 and 1^st October 2018 for existing vehicles.”

SENSITIZATION OF CSO PARTNERS

The purpose was to sensitize all CSO partners about the car safety issues to take them on board right from the beginning. A workshop was conducted for orientation on various aspects of Car safety and in preparing them for their campaign plan. The long-term aim of the event was to create a cadre and network of car safety activists across India to carry forward the project mission of car safety. These trained participants were further involved in project activities and where they worked as a catalyst to sustain the project objectives even after its completion.

There was technical session held to brief them about car safety project, its activities, and importance for consumers so that they can help us in advocacy to attain project objectives and in dissemination of the message in their areas of influence.

A meeting with the President of The Institute of Road Traffic Education was organised to discuss various aspects of new developments in BNVSAP (Bharat New Vehicle Safety Assessment Program). The Institute of Road Traffic Education is the leading organization working on car safety issues with the Global NCAP in India.

IMPACT

With the concerted efforts the government has mandated safety features which are going to be implemented by car manufacturers in a phased manner.

Government of India will be soon launching Bharat NCAP (New Car Assessment Program) which is similar to the Global NCAP. It is named as Bharat New Vehicle Safety Assessment Program (BNVSAP). New cars will be given star ratings which will depend upon the safety performance on various parameters.

From July 2019 BNVSAP will be mandatory for all new cars. Under the new set of guidelines every car sold in India will be required to have safety features like ABS (anti-lock braking system), reverse parking sensors, speed-warning systems, seat belt warning light, and airbags as standard.

The Bharat NCAP will also mandate the front of the vehicle to be designed in such a way that any injury to pedestrians is also minimized. This can be done by redesigning the bumper, hood (bonnet), and the windshield to be energy absorbing without compromising the structural integrity of the car. There will also be a rating system on fuel efficiency.

The speed alert will warn the drivers if he/she exceeds 80 km/h and will continue to warn the driver if the speed limit exceeds 100 km/h.

These standard safety features will help in avoiding accidents which are caused by over speeding. AIS-145 will also save the driver during a crash as it will now have front airbags and seat belt warning.

CAMPAIGN UPDATES

Building Capacity to Monitor Edible Salt

OVERVIEW

Iodine is one of the key micronutrients, essential for mental and physical development of human beings. Though, required in a very minute quantity (150–250 microgram per day), deficiency of iodine results in wide array of
preventable disorders collectively known as iodine deficiency disorders (IDD). To make it more affordable, it is added to the salt. However, consumers do not have any specific tool which would help them differentiate iodized salt from non-iodized salt. Iodine content in salt is not an important indicator for the consumers to decide on the preferred edible salt brand or type of salt. So in response to Nutritional International (NI) earlier known as Micronutrient Initiative (MI) proposal, Consumer VOICE is supporting NI in two salt producing states of Gujarat and Rajasthan and monitor edible salt at production and retail end. The project Building Capacity to Monitor Edible Salt was started in March 2017 and will be completed by February 2019.

HISTORY OF SALT IODISATION IN INDIA

The Salt iodisation programme in India dates back to the late 50’s when the classical study of Prof. V. Ramalingaswamy and his associates in Kangra Valley of Himachal Pradesh established Iodine deficiency as the factor for endemic goitre and consuming salt iodized with potassium-iodate as the most economic and easiest means of its prevention and control in a population. There has been significant improvement in making available quality iodised salt at the house hold level. Salt in India (second largest producer of iodised salt next to China) is being produced in 52 districts in the country. Iodine is one of the key micronutrients, essential daily for mental and physical development of human beings.

People who don’t get enough iodine cannot make sufficient amounts of thyroid hormone. This can cause many problems especially in pregnant women and children. There is limited knowledge amongst the retailers, wholesalers and consumers on the need to consume iodized salt.

CAMPAIGN FOCUS

• To monitor edible salt at production and retail end.
• To campaign with key stakeholders and ensure effective enforcement of salt standards in the states of Gujarat and Rajasthan.

CHALLENGES

• Covering all the districts of both Rajasthan and Gujarat and collecting samples from each district was a huge task.
•  Ensuring that no salt sample is left out and they were collected keeping the scientific methodology in mind.
• All the steps like quality control, sample masking, lab testing and evaluation had to be done with accuracy.

STRATEGY

Our method of salt testing involved the following processes:

• Collecting minimum of 20 salt samples from each district per month of different types of salt (4 samples from the Public Distribution System, 4 samples from public feeding program and 12 samples from retail / wholesale shop every month).
• Further, 40 samples were collected from salt iodization units located in both the states on a monthly basis.
•  Analyse samples in the organisation’s iodine testing laboratory to maintain records. This stage is still in process. 10% of the samples collected would be validated through an accredited lab.
• To prepare report based on analysis of salt testing result and discuss the same with the District Collector, Heads of various Government departments, Policy influencers and Policy makers.
• Quarterly reports would also be submitted to NI and if required mid-course correction will be done.
• Strategy also includes publishing of articles in Consumer VOICE magazine, running social media campaigns for wider outreach and campaigning in consultation with NI.

IMPACT

We are at the testing stage now. Consumer VOICE will start advocating soon and produce its report for further action.

Loose Edible Oil Testing

OVERVIEW

Despite the ban on selling of loose edible oil by the Government of India, it is still available in large quantities in various states including Delhi NCR particularly in rural and slum areas. Based on various media report on adulteration in edible oil, Consumer VOICE had taken up the study on testing of loose oils available in various states of our county. The lab test results would be reviewed thoroughly by experts and detail report will be published in Consumer voice magazine and alerted the consumers regarding the adulteration through other electronic media. The test findings will also be forwarded to Government regulators for necessary action on the matter.

CAMPAIGN FOCUS

To study the adulteration level of loose edible oil which is sold openly in the market.

CHALLENGES

Collection of samples of loose edible oil was a challenging task as it is banned by the Government. We also had to ensure that the tests were done within the parameters and care was taken to ensure no  parameter was missed. Test labs had to be selected with great care so that the reports that eventually come out were authentic.

STRATEGY

A team of experienced personnel were deputed for collection of samples from various places with documentary evidences for future references. 1, 015 samples of loose edible oils were taken from 15 states including Delhi. The base of the tests was both on quality and safety parameters as per FSSAI standards and samples were tested at NABL (National Accreditation Board for Testing and Calibration Laboratories) accredited laboratory.

Laboratory tests of loose edible oils of 8 varieties namely Mustard, Sesame, Coconut, Sunflower, Palmolein, Soyabean, Groundnut and Cottonseed were done based on the following parameters:

• Visibility – clear
• Odour – Free of rancidity
• Suspended particles – absent
• Refractive index / BR reading 
• Sap value
• Iodine value
• Un sap value
• Acid value
• Test of Argemone oil should be negative

VOICE technical team also maintained regular visits to laboratories to monitor the testing to ensure that correct methodology and schedule is adhered to.

IMPACT

Adulteration was found in loose oil samples collected from all 15 states.

74.1% of cotton seed oil samples, 74% of sesame oil and 72% of mustard oil samples did not pass the tests.

Out of the 230 soyabean oil samples, only 46 failed and in the case of sunflower oil, only 34 out of the 206 samples could not pass the test

85% of coconut oil samples failed to meet the specified norms.

Read Detailed report here. 

Consumer VOICE recommends that Government should:

• Ban the sale of any form of loose edible oils in all states.
• Enforce market surveillance by local authorities to catch the culprits selling loose oils.
• Apply strict punishments for those caught selling loose edible oils.
• FSSAI should remove the provision of state exemptions on the prohibition Regulation.
• Packaging of oil should be in small packets (100ml/200ml) so that it reached to everyone

• State FDAs must constitute a high level enquiry based on this Consumer Voice report
• Advertise for consumers to buy only packaged edible oils to be safe and to avoid adulteration
• For checking this rampant wrong practice, states should form FDA inspection squads to detect sale of loose edible oils.
• FSSAI and Health Ministry should take immediate contingency measures to stop sale of loose oil.

MEDIA REITERATES OUR EFFORTS

⇨ Global road safety initiative

Feb 5, 2018 | The Tribune

The Drug De-addiction Society of the Government College of Commerce… Read more

⇨ Vehicle makers, govt agencies urged to focus on road safety

Jan 2, 2018 | The Hindu

Consumer education on vehicle safety requires greater involvement of vehicle makers… Read more

RBI Depositor Education and Awareness (DEA) Fund

OVERVIEW

VOICE Society is one of the few organizations chosen by RBI, India under the RBI Depositor Education and Awareness (DEA) Fund, to educate Indian consumers on the potential security threats of online banking and other possible protection issues which consumer faces on daily basis while using various banking products and services. The workshops will continue for a period of 1 year between 2017 and 18, targeting both urban and rural consumers and women & semi-literate individuals as well.

CAMPAIGN FOCUS

• To educate consumers so that they effectively use the opportunities provided by digitally empowered knowledge economy.
• To empower the vulnerable consumers against the protection threats that online banking brings with itself.

CHALLENGES

Though the number of smart phone users is all set to cross 300 million by the end of 2017 (report by Internet and Mobile Association of India or IAMAI and consultancy firm KPMG), many especially the vulnerable section of the society are not aware of its use especially when it comes to digital banking or availing of essential services of the government. Making consumers digitally literate and empowering them to use the internet and mobile safely and urging them to make the gradual shift from offline to online for most of their daily transactions and activities is a humongous task.

IMPACT

THE TAKEAWAYS INCLUDE:

• Educated on digital economy and basics of online banking.
• Discouraged from keeping their money in illegal non-bank entities.
• Enlightened about the rights of a bank’s customer.
• Understanding the latest KYC (Know Your Customer) requirements.