Home FEATURED NEWS India’s Central Consumer Protection Authority Proposes Guidelines to Regulate “Greenwashing” | Beveridge & Diamond PC

India’s Central Consumer Protection Authority Proposes Guidelines to Regulate “Greenwashing” | Beveridge & Diamond PC

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On February 20, 2024, India’s Central Consumer Protection Authority (CCPA) proposed guidelines for the prevention and regulation of greenwashing (Greenwashing Guidelines). The tips would instruct service suppliers, product sellers, and advertisers who make environmental claims through the use of phrases equivalent to “clean,” “green,” “eco-friendly,” “eco-consciousness,” “good for the planet,” “minimal impact,” “cruelty-free,” “carbon–neutral,” and related assertions.

Key Features

  • All environmental claims have to be used with ample qualifiers and substantiation and be “truthful and accurate,” backed by certificates by statutory authorities, credible authorities, or via inside verifiable proof.
  • Comparative environmental claims that evaluate one services or products to a different have to be primarily based on verifiable and related information disclosed to customers.
  • Specific environmental claims equivalent to Carbon Neutral, Compostable, Degradable, Free-of, Sustainability claims, Non-Toxic, 100% Natural, Ozone-Safe and Ozone-Friendly, Recyclable, Refillable, Renewable, and related assertions have to be supported by disclosure about credible certification, dependable scientific proof, or unbiased third-party verification.
  • All substantiation for environmental claims have to be disclosed both within the related commercial or communication or by inserting a QR Code, URL, or any such know-how or digital medium that may hyperlink to related data.

Implications of the Guidelines

Under India’s Consumer Protection Act, 2019, any particular person could file a criticism with CCPA alleging false or deceptive ads. The proposed Greenwashing Guidelines open the door for customers to file complaints relating to any false or deceptive environmental claims. If the CCPA finds that an commercial has made a false declare, then it may-

  • Discontinue or modify the commercial.
  • Impose a penalty of as much as 10,00,000 INR (roughly $12,000), which can lengthen to 50,00,000 INR (roughly $60,000) for each subsequent contravention.
  • Prohibit the service supplier or product vendor from endorsing any services or products for as much as one yr, which can lengthen to 3 years for each subsequent contravention.

The remark interval for the proposed Guidelines ended on March 21, 2024.

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