Dark Patterns In E-Commerce: The Legal Crackdown (Video)

The Ministry of Consumer Affairs, Food and Public Distribution, acting through the Department of Consumer Affairs, has notified the Consumer Protection (E-Commerce) (Amendment) Rules, 2026, vide Notification No. CG-DL-E-10092026-276125, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated 9 September 2026.

On September 9, 2026, the Ministry of Consumer Affairs, Food and Public Distribution (Department of Consumer Affairs) notified the Consumer Protection (E-Commerce) (Amendment) Rules, 2026 (“Amendment Rules”), amending the Consumer Protection (E-Commerce) Rules, 2020 (“E-Commerce Rules”). The Amendment Rules will come into force on January 1, 2027.

The visual interface of ecommerce platforms increasingly influences how consumers select, purchase, subscribe to and cancel goods and services. Before the issuance of a framework specifically addressing dark patterns, the Consumer Protection Act 2019 (“Consumer Protection Act”) and the Consumer Protection (E-Commerce) Rules 2020 (“E-Commerce Rules”) already prohibited unfair trade practices in e-commerce.

The Legal Metrology (Packaged Commodities) Amendment Rules, 2026 introduce significant compliance obligations for e-commerce platforms, particularly regarding the disclosure of Country of Origin and other product information. This article analyses the key amendments, their implications for manufacturers, importers, and online marketplaces, and the broader objectives of strengthening consumer protection in the digital marketplace.

India's food safety regulator has introduced new labelling amendments that simplify compliance for infant nutrition products and small packages while strengthening traceability requirements for non-retail containers. Meanwhile, the Supreme Court is pushing for front-of-pack warning labels on products high in fat, sugar, and salt, raising critical questions about implementation thresholds, consumer accessibility, and the balance between public health and industry concerns.

On 9 September 2026, the Department of Consumer Affairs, Ministry of Consumer Affairs, Food and Public Distribution, notified the Consumer Protection (E-Commerce) (Amendment) Rules, 2026 (2026 Amendment), amending the Consumer Protection (E-Commerce) Rules 2020 (E-Commerce Rules).

The Department of Consumer Affairs, Government of India, has amended the Consumer Protection (E-Commerce) Rules, 2020 through the Consumer Protection (E-Commerce) (Amendment) Rules, 2026, with the objective of strengthening consumer protection while facilitating a transparent and balanced regulatory framework for the e-commerce sector.

India's Supreme Court is examining the food regulator's proposed front-of-pack labelling framework for packaged foods, which would require red hexagonal warnings on products exceeding specified levels of sugar, salt and fat. The Court has raised critical questions about nutrient thresholds, label design, implementation timelines and practical implications for food businesses, while the final requirements remain subject to judicial determination and subsequent regulatory process.

India's Food Safety and Standards Authority intensified enforcement in August 2026, targeting major food and beverage companies over "100%" purity claims, energy drink labeling, and packaging compliance. The regulatory actions against Dabur, ITC, Diageo, and over 150 other companies reveal how product names, packaging, and advertising copy are now treated as interconnected consumer protection issues requiring coordinated legal review.

The Food Safety and Standards Authority of India (“FSSAI”) has, over the course of late May 2025, taken two connected regulatory steps aimed at curbing misleading claims on packaged food labels. First, FSSAI issued a formal advisory to all Food Business Operators (“FBOs”) directing them to discontinue the use of the term “100%” on food labels, packaging, and promotional material. Second, and consistent with the concerns underlying that advisory, FSSAI issued a detailed notice to a confectionery company in India, flagging specific instances of non-compliant labelling and misleading claims across several of its product lines.