On the Occasion of World Consumer Rights Day, a Social Sanchar was organised by V Citizens Action Network (VCAN) on 15th March, 2019 at the Royal Bombay Yacht Club. The event aimed to provide a platform for the public to interact with Dr. Pallavi Darade, IRS, Commissioner, Food & Drug Administration (FDA), Maharashtra, who, as the head of Maharashtra’s premier consumer protection agency, was particularly pleased to inform the audience about the consumer protection measures undertaken by the Government.

Mrs. Indrani Malkani, Chairman, VCAN began the programme with a welcome address and a brief introduction. She expressed her gratitude towards VCAN’s venue partner, the Royal Bombay Yacht Club, as well as VCAN’s founding partner, Eureka Forbes; technology partner Teknowlegion and video technology partner April Broadcast; friends, colleagues and networking partners who enabled VCAN to take their work forward. She also mentioned how VCAN’s biggest strength lies with their college partner, Jai Hind College. Mrs. Malkani expressed her gratitude towards the Principal of the College, Dr. Wadia, the faculty of Jai Hind and its students for their support. Dr. Darade’s office staff were also present, to gain knowledge about how the common citizens perceive the FDA. Mrs. Malkani introduced Mr. V. Ranganathan, her fellow Trustee, who was the former Chief Secretary of the State of Maharashtra and a former Municipal Commissioner.

The programme progressed with the introduction of Dr. Darade by Mr. V. Ranganathan. Dr. Darade has had a distinguished career. She has been the Additional Municipal Commissioner for the Municipal Corporation of Greater Mumbai (MCGM) and was bestowed the ‘Swatcha Bharat’ Award in 2016 for Mumbai City. She was instrumental in organizing Skill Development Grants for over 5000 Tribal Youth and was awarded the Rajiv Gandhi Puraskar by the Govt. of Maharashtra for the same. She has been the FDA Commissioner for the past 2 years and has trained over 2 lac workers, which include field workers, chemists, wholesalers, retailers, etc. in the various rules and regulations, to obtain improvement in the compliance of the same. Academically, she is an MBBS doctor from Govt. Medical College, Nagpur; and a gold medallist, in her LLB from Nagpur University.

At this point, Mrs. Malkani added to Dr. Darade’s introduction by mentioning that she has been a gold medallist in Marathon, during her training in the Nagpur Police Academy. Also, she is a Revenue Officer, which is indicative of how well she knows money. When we look at this combination, we couldn’t have had a better person for the job as the Commissioner, FDA.

Aside from the discussion of Consumer issues, with the announcement of General Elections, Officers from the District Election Office, Mumbai City, had made provisions outside the hall for checking names on the Voter Rolls, the registration of new voters, change of address and other issues. They were available for guidance and support.

Following the introduction, Dr. Darade delivered her opening remarks, starting off by mentioning how honoured she was with her introduction by Mr. V. Ranganathan. She then expressed her gratitude towards the Chairman and Trustees of VCAN for giving her the opportunity to come and interact with the Consumers.

She mentioned how the FDA is more misunderstood than understood. It is an organization that does a lot of work, for many things keep evolving, and new instructions keep coming in. There exists a lack of communication between the FDA and the general public. She was thankful for the fact that this was her 2nd opportunity to be a part of a Social Sanchar, as she had earlier been a speaker in her capacity as the Additional Municipal Commissioner, in charge of the Solid Waste Management (SWM) Department, among others.

On becoming the Commissioner, FDA, the first priority that Dr. Darade realized was that the various complex Acts governing Food, Cosmetics, and Drug manufacture and distribution face difficulties in being implemented. Her priority to begin with was to increase the compliance of these acts, with a population which wasn’t well educated about this. This was the biggest challenge Dr Darade faced. She, along with the FDA, trained over 2 lac FBOs and pharmacies through various workshops.

Another challenge before her was finance of these workshops. She took help from various associations across the State, requested them to call their members in their own halls and auditoriums. She sent her Food and Safety Officers (FSOs), Joint Commissioners, Assistant Commissioners, and they took day long workshops, to make sure that people were made aware of all the provisions of the acts, and maximum compliance could be attained. Maharashtra had the highest number of people involved in such an initiative, when compared to the rest of India.

The pharmacies were not complying to the basic things, such as the presence of a pharmacist, the maintenance of optimum temperature in the refrigerators, the disposal of expired drugs, the writing of bills for the drugs being sold, etc. The FDA reached out to 80000 pharmacies, calling them for workshops with the associations, trying to tell them through the workshops, the requirements of the Drugs and Cosmetics Act, and what was being implemented by them. If the compliance to the laws could be raised from 50% to 80%, that would be a great achievement in this field.

Dr. Darade mentioned how delighted she was to be a part of this Social Sanchar on the World Consumer Rights Day, as it is certain, that each one of us, in one regard or the other, is a consumer. Consumers being an important part of the FDA as well!

Online pharmacies and online food deliveries have been a matter of concern for the FDA. Massive action was taken in Maharashtra on the online pharmacies for the kind of prescriptions they accept for hypnotic drugs, sedative drugs, etc. Legal action has been taken against 200+ such online pharmacies.

The online food portals have been a concern for the FSSAI, Delhi and FDA Maharashtra. About 5-6 months back, a massive action was taken against the food portals such as Zomato, Swiggy, UberEats and FoodPanda. Over 350 outlets of Zomato and Swiggy in the MMR region were covered, trying to check for the licenses, the registrations, and their compliance to the hygienic and sanitation conditions mentioned in the Food Safety and Standards Act. Only 200 of them had the appropriate licensing, 112 of them were without licenses, stop work notices were given to them, and the rest had appalling conditions of hygiene and sanitation. Inspections were done and notices were given to them. Legal actions were also taken.

The FSSAI, Delhi also did a similar work. Out of the 10000 outlets they inspected, 2000-3000 were from Maharashtra, and action is being taken against them as well. Dr Darade stressed that the FDA is not against online business, and sees it as the future of both food and pharmaceuticals. Their only concern is the compliance of the regulations, be it online or on ground, which is ultimately for everyone’s well-being and the public’s welfare. It is a highly evolving field and FDA is constantly looking into it.

The recent ‘Clean Street Food Hub’, which has been started at Girgaum and Juhu Chowpatty, are the second and third of their kind, the first being in Ahmedabad. Certificates have been awarded for both of these by the FSSAI, Delhi. Congratulations must go to the on-ground officers who worked with the street food vendors. The FSOs and the Assistant Commissioners worked with the street food vendors for a period of 8-9 months and made sure that the Standards were as mentioned in the Food Safety and Standards’ Act.

Some of the standards include, the water used should be potable, pest control should be done, dustbins should be around, medical check-ups should be done, the stalls and lighting should be proper; the food should be covered, etc. These standards, although very basic, are very important when it comes to the hygiene and sanitation being considered. Dr. Darade was proud of the fact that all the provisions listed by the Food Safety and Standards’ Act are being followed on ground by the stalls at Girgaum and Juhu Chowpatty. The raw materials that the vendors bought were also changed upon insisting by the FDA. This played a role in the delivery of the best food of its kind.

Another case that has been notable in the pharmaceuticals sector involved a very big company which was taking drugs from its factory in the name of ESIS and Defence, with the drugs finding their way to online pharmacies and other markets. More than 50 lac worth diabetes medicines, imported from Spain are under investigation. More than 20-25 FIRs have been filed across Maharashtra and more places across India are also being investigated.

The main concern of FDA, as regulators, is to bring greater awareness among the people. Consumers today should be more aware, such as while buying food articles, the bill, the best before, the labelling, the manufacturer, etc. are very small but very important things that we as consumers, should check while shopping. Similarly, while buying medicines, many of the consumers are not aware that the pharmacist has a role in counselling a patient, as to, how the medicine is to be taken, when the medicine is to be taken, etc. so as to comfort the patient. If the consumers and citizens are aware of such small, but important things, the FDA and the public can together achieve a lot in both food and pharmaceuticals. VCAN is playing a pivotal role in the same.

Mrs. Indrani Malkani mentioned that the role of FDA in cosmetics is not well known by the public and she requested Dr. Darade to throw some light on the same. She also requested Dr. Darade to speak about this year’s Consumers International theme, ‘Trusted, Smart Products’.

Dr. Darade spoke about how despite cosmetics being a very large sector, it is often overlooked. It is also an important focus of the FDA. Some recent raids involved the starting of cosmetics manufacturing by people who have worked in the companies that manufacture the same on a large scale. Though she acknowledged the skills of these workers, their products are almost indistinguishable from their original counterparts, they are not licensed and do not have the necessary facilities and sanitary standards required. Many empty containers used to find their way back to the companies through bhangarwalas, to polish, fill in the duplicate products and deliver them back again to the beauty parlours. Such activities have been unravelled by the FDA and major action is being taken against them.

As far as the ‘Trusted, Smart Products’ are concerned, we have to be ‘Smart Consumers’. For instance, something as simple as Folic Acid, which was dispensed as folitrixate (an anti-cancer drug) by the pharmacist cost the patient his life.

As far as digitalization is concerned, FDA is actively online. It has its own Facebook page, it also has a helpline number. It is also considering Twitter and YouTube as mediums of interaction.

At this point in time, Mrs. Indrani Malkani requested Dr. Darade to highlight the precautions to be taken in the cosmetics sector. Dr. Darade stated that the disposal of the containers should be done only after destroying them. Also, cosmetics should be purchased from renowned shops and not form sales, either online or on ground. Naked eye inspection of the products is also of utmost importance.

The floor was then opened to the audience.

To a question on the influx of herbal based cosmetics, medicines, etc., and the mechanisms of authentication of the same, as well as on efforts of the FDA to counter the misinformation provided by various advertisements regarding generic drugs, etc., Dr Darade responded citing her efforts in that regard.

She said that most of the times, product approvals of cosmetics, ayurvedics, herbals, Unani, etc. are done by DCGI or CDSCO, the parent organization of FDA. Before any kind of licensing or approvals in herbal or any other products are given, there is a huge checklist. The facilities, technicians, technology, etc. are verified by DCGI and CDSCO. The Joint Commissioners, Assistant Commissioners, and qualified inspectors verify the sites before the licensing and permissions are given.

Apart from this, there are individuals who do not undergo the licensing procedure and are yet present in the market. The intelligence branch looks into such cases and the FDA acts against them. A recent case involved the use of ‘Faiza’ cream, which was being manufactured in Pakistan, probably contained a high amount of steroids. Its use has been prohibited by the FDA.

A recent regulation in the food sector involves the terminologies such as, ‘real, fresh, traditional, authentic, etc.’ only after the companies follow certain parameters. These parameters didn’t exist before. A penalty of 10 lac now exists for any individual who advertises wrongly, without following the aforesaid conditions and also a 3rd party, who is endorsing such products, which does not follow the parameters laid by the regulation.

Mrs Malkani requested Dr Darade to share some Do’s and Don’ts for the consumers, which could be uploaded on the VCAN portal.

To a question on who is responsible for the unsafe street food – BMC or FDA? And what is the role of each agency, Dr Darade replied that as per the Food Safety and Standards’ Act, 2006, the basic responsibility is with the Food and Business Operators (FBOs) of providing the best and hygienic food, wherever it is being sold. It is also the responsibility of the person making the food himself.

Second, as a regulator, FDA also has a very big role in this. The FDA has taken initiatives in training the street food vendors at Girgaum and Juhu Chowpatty, by providing bus facilities to train them, rather than taking away their licenses, without them having the knowledge about the rules and regulations. More 

than 20000 street food vendors have been trained regarding the hygiene and sanitation practices that they are supposed to follow. This is an on-going process.

Mrs. Indrani Malkani questioned whether the BMC has a role in it or not? And what are the Co-ordination mechanisms followed between the FDA and the BMC to which Dr Darade clarified that the BMC used to provide licensing earlier, i.e. before the Food Safety and Standards’ Act, 2011. The vending licenses are provided by BMC and other such corporations play a vital role. The corporations and FDA are co-ordinating in numerous ways. The best example being, the Clean Street Food Hub at Girgaum and Juhu Chowpatty.

Responding to a question on how the Police, and other enforcing authorities abuse street food vendors such as the tea stall owners (tapris), idliwalas, etc. Dr Darade agreed that such instances happen. She further mentioned that, this question could be best answered by the Police. As far as the FDA is concerned, they try to get all these vendors under their network. The registering is done online for both Food and Drugs. The registration is done within 30 days, and in case of manufacturing, it is done within 45 days. FDA is trying to give information about the Food Safety and Standards’ Act to these vendors by reaching out to them in their areas, with the use of vans and buses.

Towards the end of the programme, Mrs Farogh Mukadam, Dy. Collector and Dy. Election Officer, Mumbai City, was invited to the dais, and she explained the steps the ECI was taking to ensure smooth conduct of the upcoming Lok Sabha Elections. All Citizens above 18 years (as on 1st January 2019) of age can still get themselves Registered as Voters and were encouraged to get registered and make their vote count.

VCANs interactive web portal www.togetherVCAN.in has also been used to promote electoral participation with a dedicated ‘Elections 2019’ page offering up to date information and guidance on various election related matters. The audience was informed that elections for the constituencies in the Mumbai Metropolitan Region are going to be held on 29th, April, 2019.

Mrs Farogh Mukadam also explained about the new VVPAT-M3 machine, which will be introduced this year. In this model, after one has selected his/her preferred option on the EVM ballot, on the VVPAT – M3 machine their selected option would be displayed for 7 seconds, followed by a beeping sound. Previously, for elections, after selecting the option on the ballot, only a beeping sound would come indicating that the vote has been recorded, but now, because of the use of VVPAT M3 machine, the process will turn out to be all the more transparent.

Mrs. Malkani concluded the programme by calling upon Mr Rajan Jayakar, Trustee of VCAN, to present a memento on behalf of VCAN, to Dr Pallavi Darade. Mr Cyrus Heerjee, President of the RBYC then presented mementoes on behalf of the Club to Dr Darade and to Mrs Mukadam. Last but not the least, an official photograph was taken and all were invited for some light refreshments.

To view the photos of the event, click here

To view the video of the event, click here.