Approval for change in Labelling Information on Package

In India, the package Labelling Information is governed under the Legal Metrology Act, 2009, Legal Metrology Packed Commodity Rules (LMPCR), 2011. The LMPCR is consumer law which works for the protection of consumers.  Any industry dealing with Pre-Packaged Commodities must adhere to the requirements of Labeling Laws prevailing in India.  For detailed coverage on Package Labeling Laws please check “Product Labelling Consultations”.

What is the need for change in Labelling Information?

It is the common possibility that any business entity may have printed the packages on subsequently the pre-printed information may have changed.  There can be many reasons for the same: 

• Change in prices of the raw material 
• Change in taxes – GST, Custom Duty or other local taxes 
• Change in Manufacturer Address 
• Change in Correspondence Details of Manufacturer 
• Merger / Demerger of Business entity 
• Misprinting of any information 
• Approval of Single brand retail trading entities 
• Many other reasons etc.  

What is the Legal solution for change in Pre-Printed Labelling Information? What is the Legal procedure to change the Price / Maximum Retail Price / MRP on my product? 

Under the LMPCR, 2011, under Rule 33 the Central Government has the power to relax one or more provisions of the LMPCR.  The text of Rule 33 is reproduced herein below: –

The Central Government may, after ascertaining the genuineness, permit a manufacturer or packer to pack for sale the packages for a reasonable period by relaxing one or more provisions of these rules with such corrective measures as may be specified.  The Central Government may, after ascertaining the genuineness of a case stated in the application permit a manufacturer or packer or importer to pack or sell of the packages other than specified in the Second Schedule for a maximum period of one year by relaxing the rules. 

What is the legal way of changing MRP on the package Label of the product? Or how to change MRP on a product in a legal way? 

When it comes to revising the MRP on a product’s packaging, the government regulations are highly strict. We have seen numerous brand owners modify the MRP of a product by affixing a new MRP sticker over and above the pre-printed MRP, which is plainly prohibited in India. To update the MRP on a product’s package, you must file an application with the Central Government’s Department of Consumer Affairs, which is overseen by the Ministry of Consumer Affairs, Food and Public Distribution in Delhi. Only when there is a solid justification and the appropriate authority is satisfied with the grounds offered by you will the Central Government grant clearance to amend the MRP.  Obtaining clearance for a change in MRP is a difficult undertaking; normally, the government will provide approval for a change only when there is a change in pricing owing to a change in taxes.

The following stages may be included in the approval procedure for a change in MRP: – 

1. Creating a thorough representation as well as supporting papers. 
2. Reply to above deficiencies, If the Central Government is satisfied, authorization will be granted. 
3. The Central Government has issued a response to the deficiencies / Show Cause Notice. 
4. Submission of a representation to the Central Government.