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Pushpa Girimaji
While sending my child to school, I had applied a mosquito repellent lotion on her. The package said that the content was made of botanical extracts and safe for children. It also said it protects the user from chikungunya, dengue and malaria. However, when she came home from school, I found several mosquito bites on her. Can I file a complaint against the company for making false claims? I am so worried about my child getting dengue.
Making false or misleading claims in order to sell a product constitutes unfair trade practice. You can certainly lodge a complaint against the company before the consumer court. If they are making similar claims in their advertisements, you can also complain on the website provided by the Union Ministry of Consumer Affairs to register such false claims: gama.gov.in
Having said that, I must point out that, like sunscreens, these probably need to be re-applied after certain hours. However, this is essential information that the manufacturer should give to the consumers. The label must say how long can the product repel mosquitoes for and whether one needs to re-apply, and if so, when. Concealing important information and making you believe that the lotion’s effectiveness lasts the whole day is also an unfair trade practice. It’s a violation of your right to safety as it exposes you to risks from mosquito bites. Not giving adequate information about the product on the label is also a violation of the consumer’s right to information and informed choice. On all these counts, you can haul up the manufacturer.
Having said that, I would suggest that you call the consumer care number provided on the label and ask them about the effectiveness of the repellent. You can also question them as to why they are not providing this information on the label. You can use their reply too in your complaint.
If the repellent needs to be reapplied, then it should also be available in small containers that are easy to carry. But if you are using the lotion for a school-going child, then there is another problem — is the child old and responsible enough to carry a small bottle, re-apply it and wash hands thoroughly after use? That’s another issue that you need to consider. This means that you must go for a repellent that is not only safe, but lasts longer. These days you get repellents that can be applied on the clothes. But here again, unless the label tells you how long it lasts, you will not be able to compare products and make an informed choice. That’s the reason there is so much emphasis on label information.
In fact, all mosquito repellents have to be used with utmost caution and care and this requires the consumer to follow scrupulously, the manufacturers’ instructions on usage. However, it is a matter of great concern that manufacturers often hide rather than reveal this information on the packages.
For example, a refill package of a mosquito repellent (liquid vaporiser) says: “Caution: Doors and windows should be kept open while using”. This is such an important usage instruction that it should have got as much prominence as the brand name of the product and should have been positioned accordingly so that every user sees this and follows this.
In fact, it should have been clearly demarcated so as to make the information stand out and be noticed without fail. Instead, it is printed in such minute letters and with so much of other information that one needs a magnifying glass to find it. I wonder how many consumers have seen it or are even aware of this? “Avoid inhalation while using” is another caution that goes unnoticed because of its poor location.
Similarly, the precaution on a mosquito repellent ‘card’ says: “Cover food items before and during the use”. But this is again hidden amidst lot of other information printed in minute letters on the cover. Safe usage requires that this information be prominently displayed on the package.
Is there any consumer court order focusing on the consumer’s right to label information?
In Chemisol Adhesive Pvt Ltd Vs Shri Dhanaji Shankar Dalvi (RP No 3050 of 2009, decided on March 29, 2010), the apex consumer court, the National Consumer Disputes Redressal Commission, highlighted the importance of label information and warned manufacturers about their responsibility in ensuring the safe use of their products through proper warning labels and usage instructions. Manufacturers of mosquito repellents need to be reminded of this warning.