Legal Metrology (Packaged Commodities) Rules, 2011

Under the Legal Metrology (Packaged Commodities) Rules, 2011 it is mandatory to

declare few declarations like name and address of the manufacturer/ packer/ importer,
country of origin, common or generic name of the commodity, net quantity, month and year
of manufacture, MRP, consumer care details etc. on all pre-packaged commodities in the
interest of consumers.

2. Rule 2(h) of the Legal Metrology (Packaged Commodities) Rules, 2011 provides that:

“2(h) “principal display panel”, in relation to a package, means the total surface area
of the package where the information required under these rules are to be given in the
following manner, namely:-

(i) all the information could be grouped together and given at one place; or

(ii) the pre-printed information could be grouped together and given in one place and
on line information grouped together in other place;”

3. Rule 9 (1)(a) of the Legal Metrology (Packaged Commodities) Rules, 2011 provides that
“Every declaration which is required to be made on a package under these rules shall be
legible and prominent”.

4. It is observed that many manufacturers/ packers/ importers are not making important
declarations prominently on the Front side of the Package which is necessary in the interest
of consumers and also violate their consumer right of “Right to be informed”. The declaration
of unique selling point / unique selling proposition (USP) of the product on the front side of
the package without it’s percentage of composition is against the consumer rights.

5. Therefore, in the interest of consumers the Legal Metrology (Packaged Commodities)

Rules, 2011 may be amended to incorporate a new provision under Rule 6(1)(b) of the said
rules. Rule 6(1)(b) provides that:

“(b) The common or generic names of the commodity contained in the package and in case of
packages with more than one product, the name and number or quantity of each product shall
be mentioned on the package.”

6. The new provision under this sub-rule may be considered to be inserted, that:

“6(1)(ba) Provided that in case, a commodity contains more than one constituents, the
front side of the package shall have a declaration of two or more prime constituents of the
commodity with the Brand Name/ Logo. The declaration of two or more prime constituents
shall contain the percentage/ quantity of unique selling point / unique selling proposition
(USP) of the product and in the same font size in which the declaration of unique selling
point / unique selling proposition (USP) is made.
Provided further that this sub-rule shall not be applicable for a mechanical or electrical
commodity.”

Need for the Amendment (From the perspective of the consumers)

It is common for consumers to assume that brands’ claims are accurate, but such claims are
usually misleading. The front side of the package must contain the percentage of
the composition of the unique selling proposition (USP).

USP is a marketing strategy designed to inform customers about the superiority of one’s own
brand or product. Listing the USP of a product on the front of the package without disclosing
its composition percentage violates consumer rights. Also, packages displaying key
constituents must display a percentage of the content used to make the product. For instance,
if a brand sells aloe vera moisturiser or almond milk/biscuits, then the maximum percentage
of the product should be aloe vera and almond, otherwise, the product name is misleading.

Further, many blended food and cosmetic products are sold in the market without mentioning
the percentage of key constituents on the packaging. Consumers assume the claims made by
the brands to be correct, but such claims are mostly misleading.

It is within the rights of the consumers to be informed about the quality, quantity, potency,
purity, standard and price of goods so as to protect the consumer against unfair trade
practices. Consumer should insist on getting all the information about the product or service
before making a choice or a decision. This will enable him to act wisely and responsibly and
also enable him to desist from falling prey to high pressure selling techniques.

This right is essential as it forms the building block to a plethora of other rights, one of which
is the right to choose. The right to choose means right to be assured, wherever possible of
access to variety of goods and services at competitive price. In case of monopolies, it means
right to be assured of satisfactory quality and service at a fair price. It also includes right to
basic goods and services. This is because unrestricted right of the minority to choose can
mean a denial for the majority of its fair share. This right can be better exercised in a
competitive market where a variety of goods are available at competitive prices.

Need for the Amendment (From the perspective of Manufacturers)

Good quality product information is very important to the success and long term growth of a
business. But for so many companies the data is disorganised and inaccurate.

Let's start with the most important reason then, safety. Customers need to know all the details
of the product you are selling so they know how to use it safely. It might contain materials
which do not mix well with what the customer is planning to use it with, or they could be
allergic to a substance in the product.
Detailed product information is crucial to avoid these kinds of problems. It prevents you or
your business getting into trouble but most importantly, keeps users of your products healthy
and safe.

We know that no one would ever intentionally harm a customer. But it can happen when
product information is not kept accurately and displayed prominently.

There is no doubt that good product information improves the efficiency and productivity of a
company.

Businesses that have their data accessible to customers and staff members spend less time
having to deal with it. They then have more opportunity to be productive elsewhere.

The effects of this can be seen across the company. No time is lost between departments
finding data and these little time savings multiplied out over many weeks can be a huge
productivity boost.

Product information improves the customer experience regardless of what sector you're in.
Buyers always want more information about your product, to answer any purchase
objections. The more conclusively you can answer their questions, the higher their
satisfaction.

If you're operating an eCommerce business, then you'll know all about how important rich
product pages are. Your website needs to be filled with detailed information and images on
your range. Nobody is interested in buying from a sparse website with hardly any
information, they want the important details laid out so they can make an informed decision.

It's the same story if you're a manufacturer. Potential customers need to know all the
information about your products. If you are able to provide this product information quickly
and accurately, they're going to enjoy doing business with you and likely return for more.

Business is about trust at the end of the day. Custom is built on an individual trusting a
company to provide a good product. So being transparent about all the details of your
products is certain to enhance that trust and develop a relationship.

In 2021, hard selling is becoming a thing of the past. Business is a friendlier world now and
people generally don't respond well to pushy sales techniques. They want you to answer any
questions they have and fully understand the product they are purchasing before buying it. To
deliver that, good product information is key.