Setback for BWC

Diana Ratnagar, chairperson of Beauty Without Cruelty — India (BWC), writes in her editorial column in Compassionate Friend, the Winter 2014 edition of the BWC’s journal, that their efforts to have the vegetarian and non-vegetarian symbols (green or brown dots respectively) used on packaged foods and beverages extended to cover soaps, shampoos, toothpastes, cosmetics and toiletries has met with a setback. This long standing plea, which was acceded to by the government of India has met with resistance by cosmetics manufacturers who have challenged the government’s notification.

The 32-member Indian Beauty and Hygiene Association (including companies like Hindustan Unilever, Proctor and Gamble, Colgate Palmolive, L’Oreal India, Johnson and Johnson, Nivea, ITC, Dabur, Godrej Consumer and Marico), has petitioned the Bombay High Court, contending that the rule was against the principles of natural justice and that the Supreme Court had previously dealt with the matter. It is true, BWC acknowledges, that in March 2013 the Supreme Court had overturned a 12-year-old High Court verdict directing cosmetics and drug manufacturers to affix the symbols denoting vegetarian and non-vegetarian on their products, stating that the Court did not have the jurisdiction to issue such directions. It was thus left to the government to decide whether this should be done. Eventually the government issued a notification that all consumer products should carry the symbols, which the manufacturers are now challenging and thereby stalling its implementation.
Last September a division bench of the Bombay High Court stayed implementation of the notification and asked the Consumer Affairs Ministry not to take any coercive action against the companies. As the central government sought more time and did not file its response within a fortnight as required, BWC has sent the authorities more information that should help them pursue the matter. According to BWC many of the ingredients used in toiletries and cosmetics are derived from animals with manufacturers having admitted that vegetarian ingredients are costlier and would result in narrower profit margins. The manufacturers are also concerned that consumers would be put off by the brown symbol and their sales would drop, the newsletter stated.