Consumer Court Pulls Up Emami For Unfair Promise, Slaps Handsome Fine

NEW DELHI: Makers of Fair and Handsome cream – the top-selling fairness product for men in India that promises lighter complexion in just four weeks – have been slapped with a hefty fine of `15 lakh as punitive damages and asked to withdraw all its advertisements by a Delhi Consumer Redressal Court. The forum held Emami guilty of unfair trade practice and deficiency in service and directed it to withdraw the advertisements claiming that the use of the product would change the dark complexion of men’s skin.

The fine will be deposited with the Consumer Welfare Fund maintained by State Commission, Delhi. The consumer court passed this order while hearing a complaint filed by Nikhil Jain. In his complaint, Jain had said that he had used the product as per the directions provided but it had failed to produce any result at all. Emami defended itself stating that its products were manufactured under strict quality control, and had benefited a large number of users. Besides questioning the bona fides of the complainant, Emami had also relied on lack of evidence to prove the complainant’s allegations. However, the court refuted company’s claim and said, “The transcription of the advertisements as reproduced above, holds out that the application of the product will produce a fair complexion.

It uses the word ‘gorapan’ in advertisement which means fair complexion. In another advertisement, it gives out a promise that the use of the product for a period of four weeks will ensure fair complexion. The advertisement therefore, makes a representation to the general public that by the use of the product, they can achieve fair complexion.” “This is in direct contrast with the stand taken by Emami that the use of the product improves the health and quality of the skin and no attempt has been made to show and justify the advertisements which hold out a promise of the skin getting fairer by the use of the product,” the court observes. Fairness creams have always been a controversial subject. Last year, the Food and Drug Administration had cracked down on a skin cream brand after allegations that it contained steroids that could not be sold without prescriptions and were capable of side-effects