NEW DELHI: Central Consumer Protection Authority (CCPA) has imposed penalties of Rs 10 lakh each on Amazon and Flipkart, and Rs 5 lakh on JioMart, for selling and advertising an unregistered agrochemical product, Cyclosinone Herbicide.Cyclosinone Herbicide is marketed as a granular weed-control product used to prevent and eliminate broadleaf and grassy weeds in lawns, gardens and agricultural fields.In separate orders issued recently, the consumer watchdog directed the e-commerce marketplaces to immediately discontinue the false and misleading advertisements and conduct a self-audit of their platforms to identify and remove products that violate the law or pose a risk to consumers’ life and safety.The CCPA initiated proceedings after the department of agriculture and farmers’ welfare forwarded a complaint it had received from the Crop Care Federation of India (CCFI) regarding the sale and advertisement of the unregistered herbicide through e-commerce and digital media platforms.During the investigation, the agriculture department informed CCPA that the import, manufacture, sale, transport, distribution and use of insecticides and pesticides are regulated under the Insecticides Act, 1968, and the Insecticides Rules to safeguard human beings and animals from potential risks.The department told the authority that no chemical named Cyclosinone is included in the Schedule to the Insecticides Act. However, a product marketed as “Cyclosinone Herbicide” was being sold through online platforms without disclosing the chemical name of its active ingredient or its composition.
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“It is currently being marketed illegally because it bypasses the mandatory safety, bio-efficacy, quality and legal checks required under the Insecticides Act,” the department said in its submission to CCPA.The authority rejected the e-commerce companies’ argument that they could not be held responsible for products listed by third-party sellers. The CCPA said online marketplaces cannot disown their statutory obligation to protect consumers and are required to exercise due diligence to prevent the sale of products that are illegal or hazardous.
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