In a significant move to uphold product safety and regulatory compliance, the Bureau of Indian Standards (BIS) has decided to initiate legal proceedings against e-commerce giants Amazon and Flipkart for allegedly selling non-certified goods on their platforms. BIS is also planning to seek compensation for violating mandatory certification norms under the BIS Act, 2016.
The action underscores the government’s tightening grip on e-commerce regulation and consumer protection, particularly in sectors where BIS certification is mandatory for safety and quality assurance.
Why BIS Is Suing
BIS, the national standards body under the Ministry of Consumer Affairs, Food and Public Distribution, found that numerous products being sold on Amazon and Flipkart lacked required ISI marks or other mandatory BIS certifications. These products reportedly include home appliances, electronic devices, and pressure cookers, which are regulated under Compulsory Registration Schemes (CRS).
Under Indian law, products falling within BIS certification mandates must not be sold, imported, or marketed without appropriate labeling and registration.
BIS officials said repeated warnings and communications with the platforms yielded limited results, prompting the agency to pursue legal redress.
Legal and Financial Implications
According to sources within BIS:
-
Legal notices are being prepared to be served on both Amazon and Flipkart.
-
The bureau will seek financial compensation for the continued violation and potential endangerment to consumers.
-
BIS may also push for criminal prosecution under relevant sections of the BIS Act for non-compliance.
The compensation amount is expected to include penalties, legal costs, and potential damages for harm caused by the uncertified products.
BIS Statement
A senior BIS official said:
“Despite repeated engagement, these platforms continue to allow the sale of uncertified products, which is a violation of law and poses risks to consumer safety. Legal action is necessary to set a precedent.”
The official added that BIS is also working closely with the Department for Promotion of Industry and Internal Trade (DPIIT) and the Consumer Affairs Ministry to enhance compliance protocols for online platforms.
E-Commerce Platforms Respond
While Amazon India and Flipkart are yet to issue formal statements, both companies have previously claimed to comply with Indian laws and asserted that they act as intermediaries, not direct sellers, and therefore cannot monitor every product listed by third-party vendors.
However, BIS contends that under e-commerce regulations notified in 2021, platforms have a duty to ensure product compliance and take down illegal listings when notified.
Industry and Legal Experts Weigh In
Legal experts believe this could be a landmark case in defining the liability of e-commerce platforms in India.
Advocate Rajiv Sinha, a consumer law specialist, said:
“If BIS wins this case, it will force e-commerce companies to rethink their compliance models and take greater responsibility for what gets sold on their platforms.”
Industry observers also see this as a wake-up call for online sellers to verify certifications and for platforms to strengthen product screening mechanisms.
