Jesmin Jeba

Aarong, one of Bangladesh’s most trusted lifestyle and fashion brands, has long been associated with quality, reliability, and cultural pride. Recently, its policy of charging customers for paper shopping bags has generated considerable debate. While promoting environmental sustainability is commendable, the initiative raises critical legal, consumer, and social concerns. The bags, branded with the Aarong logo, turn consumers into involuntary promoters of the company, effectively requiring them to pay for marketing. This practice challenges both consumer expectations and ethical commercial standards.

From a legal standpoint, Aarong’s bag policy engages key provisions of consumer protection and contract law. Section 45 of the Consumers’ Rights Protection Act, 2009, stipulates that a seller who fails to properly sell or deliver goods or services promised in exchange for money may face penalties. Charging for fragile, low-quality paper bags that function more as promotional tools than as practical packaging arguably constitutes improper delivery. Section 16 of the Sale of Goods Act, 1930, further reinforces this by imposing an implied condition that goods supplied should be reasonably fit for their intended purpose and of merchantable quality. Customers reasonably expect that packaging provided with a purchase will be functional and durable, and when this expectation is unmet, the legal principles of consumer protection are engaged.

The quality of Aarong’s paper bags further intensifies the issue. Made from recycled materials, they are prone to rapid deterioration, often becoming unusable shortly after purchase. Customers purchasing multiple items are compelled to buy additional bags, creating an undue financial burden, particularly for ordinary consumers. Functional packaging is an essential part of any purchase, and the failure to provide it challenges both fairness and contractual obligations.

Beyond individual consumer rights, there is a broader legal and constitutional dimension. Article 18A of the Constitution of Bangladesh directs the State to “endeavor to protect and improve the environment and to preserve and safeguard natural resources, biodiversity, wetlands, forests, and wildlife for present and future citizens.” Aarong’s initiative, though intended to reduce plastic use, highlights the need for sustainable practices that are consistent with quality and consumer fairness. The fragile nature of the paper bags limits their usability, diminishing their ecological benefit and emphasizing the importance of integrating environmental responsibility with practical and legally compliant business practices.

International comparison further reinforces these legal and ethical expectations. In developed countries, consumers are generally offered plain, reusable, or optional bags without being compelled to subsidize corporate branding. Branded bags, if provided, are typically complimentary, recognizing that their promotional value belongs to the company. Requiring customers to pay for bags that double as advertisements effectively makes them subsidize corporate marketing — a practice that would likely be challenged under consumer protection laws elsewhere and raises similar concerns under domestic legislation.

Legally, Aarong’s bag policy also raises significant questions of corporate transparency and accountability. Aarong has claimed that proceeds from bag sales would be used for environmental initiatives, such as tree planting. However, no clear information has been provided regarding where, how, or in what quantity these funds are utilized. Vague assurances of this nature risk being interpreted as misleading commercial practice, potentially violating consumer rights, since buyers are effectively paying for a service or purpose that is not clearly delivered. Transparency in the allocation of funds and the fulfillment of stated objectives is a fundamental expectation of corporate responsibility. Failure to provide such details undermines consumer trust and exposes the company to potential legal scrutiny under principles of fair trade and accountability in commercial law.

From a consumer perspective, six key demands emerge:

1. Plain, Unbranded Bags: Paid bags should be plain and unbranded, allowing customers to use them freely without serving as unpaid promoters of the brand.

2. Free Branded Bags: Branded bags used as part of a company’s marketing or promotional strategy should be provided free of cost to consumers.

3. Full Transparency on Green Claims: If the company claims that the price of the bags will contribute to environmental projects such as tree planting, it must clearly disclose where the trees will be planted, how many will be planted, and how the collected funds will be spent.

4. Public Reporting: The company should publish periodic public reports or updates verifying that the promised environmental activities have been implemented transparently.

5. Durable and Reusable Alternatives: Durable, reusable fabric or jute bags should be made available at fair prices, encouraging genuine sustainability rather than symbolic gestures.

6. Consumer Consultation: Before introducing new packaging systems, companies should consult consumers through surveys or feedback channels to ensure that their initiatives align with public interest and legal fairness.

The Aarong bag controversy exemplifies the intersection of consumer rights, contract law, corporate accountability, and environmental responsibility. Sustainability initiatives cannot come at the expense of fairness, and consumers should never be compelled to fund corporate promotion. By aligning marketing strategies with legal compliance, consumer expectations, and environmental principles — including the constitutional mandate under Article 18A — Aarong has the opportunity to set a benchmark for ethical business practices in Bangladesh. Proper implementation would demonstrate that sustainability, consumer protection, and corporate responsibility can coexist harmoniously, strengthening both public trust and long-term social impact.

[Jesmin Jeba is a Legal Research Assistant with a keen interest in corporate law and environmental justice. Beyond her legal work, she engages in theatre, performing arts, creative writing, and storytelling as powerful tools for social reflection and change.]