Look for ISI safety mark before buying toys

Pushpa Girimaji

Two months ago, I had purchased a teething ring for my six-month-old baby from a well-known toy shop. Last week, to my horror, a part of the teether came apart and my son choked on it. Thanks to my quick reaction, he spit out the part, but it could well have been a fatal accident if I had not been there. He did not drink milk for a day. The doctor said it was because he had suffered a slight throat injury. I want to take action against the dealer and the manufacturer to ensure that this does not happen to any other child. How can I proceed in the matter?

To protect children from such accidents, the government has brought toys under mandatory certification with effect from January 1, 2021. Toy manufacturers have to abide by the standards prescribed by the Bureau of Indian Standards (BIS) and the toys sold in the market must have an ISI mark issued under licence from the national standards body. This applies to imported toys too.

The Toys (Quality Control) Order, notified by the Union Ministry of Commerce and Industry, lists seven Indian standards covering a wide gamut of toy safety issues that manufacturers have to comply with. In respect of toys like teething rings or rattlers used by very small children, the standards specifically address choking or suffocation hazards, besides toxicity from colours and plasticisers.

So, either the teether that you bought did not have that third party certification from the BIS (which seems most likely), or it was not manufactured to the prescribed mandatory standards. You should immediately lodge a complaint against the seller and the manufacturer with the local office of the BIS. Else, you can complain online on the website of the BIS (bis.gov.in).

Manufacturing, selling or keeping for sale a toy without the mandatory ISI mark is punishable under Section 29 of the Bureau of Indian Standards Act with imprisonment up to two years or fine up to Rs 2 lakh for first contravention. BIS will take suitable action, including confiscation of non-certified teethers.

If the toy had the mandatory ISI mark, then obviously it was not conforming to the prescribed standards, in which case the BIS will immediately order recall of the defective teether from the market. It will also alert consumers who may have bought the product and ask the manufacturer to replace the defective product or refund its cost. The manufacturer is also liable to pay compensation for any harm or injury caused to consumers on account of such non-conforming product.

Toy manufacturers and sellers are exploiting the lack of consumer awareness about the mandatory ISI certification and are selling toys without the compulsory certificate.

In January this year, for example, the Chennai unit of the BIS found a toy shop in Phoenix Mall selling 630 different toys — electrical, non-electrical and stuffed — without the mandatory ISI mark! It is important to always check the toys for the ISI mark before buying and also complain about shops selling non-ISI-marked toys and also about those manufacturing toys without the ISI mark. Any harm or injury caused by toys must be reported.

Can I also file a complaint before the consumer court against the seller and the manufacturer?

You certainly can. Under the Consumer Protection Act, consumers have a right to safe goods and the sale of this unsafe teether was obviously a clear violation of that right. You can demand compensation for the injury suffered by the child, besides mental anguish, fear and anxiety undergone by you as a result of the unsafe toy.

Under the Consumer Protection Act of 2019, there is a separate chapter on ‘Product liability’ that strengthens a claim for compensation for any harm caused on account of a defective product. I urge you to complain about the toy to the Central Consumer Protection Authority constituted under the CP Act, 2019, to protect and enforce the rights of consumers, including the right to safety.

The authority can order recall of unsafe goods or goods being sold in violation of mandatory standards, alert consumers about such products, impose penalty on the offender and also ask him to reimburse the cost of the product to the consumer.