Guidelines needed for warning labels on products

New Delhi: It’s now more than a decade since the apex consumer court emphasized the importance of warning labels on products and cautioned that those manufacturers who failed to realize this responsibility would be held liable for the consequences

New Delhi: It’s now more than a decade since the apex consumer court emphasized the importance of warning labels on products and cautioned that those manufacturers who failed to realize this responsibility would be held liable for the consequences. Yet, most warnings and usage instructions are either inadequate, not easily comprehensible or not bold enough to grab the attention of consumers.

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In fact the Consumer Protection Act of 2019 that replaced the 1986 law has further strengthened the consumer’s right to adequate label information and warning. The chapter on ‘Product Liability’ says that a product manufacturer shall be liable in a product liability action if the product fails to contain adequate instructions of correct usage to prevent any harm or any warning regarding improper or incorrect usage.

Of course in India, such warnings should not only be in English and the local language, but also in a pictorial format so as to make it comprehensible to even those who cannot read the message. Similarly, the warning labels should also take into consideration the requirement of communicating with visually challenged persons. And they must be positioned in such a way that the consumers’ attention is immediately drawn to it. In fact today, the label warnings have assumed such importance that world over, standards have been formulated to ensure clarity and uniformity in the product labels.

With certain products, warning labels alone are not enough and manufacturers should educate consumers on the safe use of their products through advertisements- on television and radio, besides WhatsApp messages on the mobile phones of purchasers. Take for example, portable power generators. Most consumers are unaware of the fact that they should not be operated inside their home or garage, even if doors and windows are open, as they produce carbon monoxide, an odourless, colourless gas known as a silent killer. In the absence of such consumer education, one often sees reports of tragic deaths caused by carbon monoxide poisoning from portable generators.

In July last year, six members of a family in Chandrapur, Maharashtra, died from carbon monoxide poisoning by running their generator inside the house. Incessant rains had affected power supply for long periods and a senior member of the family decided to operate the generator kept inside the house, unaware of the danger.

In the case that I have referred to in the very beginning, the allegation was that the chemicals used by the complainant, a cooperative housing society, to waterproof its overhead tank was highly inflammable, but there were no warnings about this. As a result, the three labourers employed for the work had used a halogen bulb to carry out the work, as the inside of the water tank was dark. As they worked, the halogen bulb had exploded and caused a fire, injuring the three workmen. Blaming the manufacturer and the dealer for failing to issue any warning either on the product or even through a brochure, the society had sought compensation for the workers.

The National Consumer Disputes Redressal Commission found that the chemical, packed in 2008, carried warning labels. It said: “Being inflammable, work in well-ventilated areas. Do not smoke, do not use open flames, naked lights, etc while coating.” This warning, however, was missing in the old tins used at the time of the accident in 2002.

On the basis of this, the apex consumer court upheld the verdict of the lower courts, which had directed the manufacturer to pay the medical bills of the three labourers, make good the loss of earnings during the time they were in the hospital, and also pay ₹25,000 to each of them. (Chemisol Adhesive Pvt Ltd vs Shri Dhanaji Shankar Dalvi and Ors, Revision Petition NO 3050 of 2009, decided on March 29,2010).

Since warning labels and consumer education about the consequences of incorrect usage are so essential to protect consumers, the Central Consumer Protection Authority constituted under the Consumer Protection Act should come up with detailed guidelines/regulations on this aspect. Manufacturers who fail to comply should face withdrawal of their products from the market.