Emami fined Rs 15 lakh, told to withdraw Fair & Handsome Ads by consumer court

New Delhi, November 7: The District Consumer Disputes Redressal Forum (Central), Delhi, has directed Emami Ltd. to withdraw advertisements of the “Fair & Handsome” fairness cream after the complainant did not see any difference on his face, in terms of fairness which caused him ‘huge mental injury,’ as the company’s fake promises had given him false hope.
In order to protect other men from falling into this ‘fairness trap,’ Nikhil Jain, a young executive had registered a complaint with the District Consumer Disputes Redressal Forum (Central) in 2012.
Three years on, an unfair trade practices suit moved by Nikhil through his law student brother Paras, who was then 20, has got a district consumer court in Delhi to levy a Rs 15-lakh fine on skin and healthcare giant Emami Ltd.
Under the November 3 judgment, Emami must also withdraw advertisements of its Fair and Handsome cream, the top-selling fairness cream for men in India that promises a fair complexion in four weeks. The ad that Jain saw, featured actor Shah Rukh Khan.
“I used it for a month but nothing happened,” said the Mumbai-based Nikhil, now 26. “I was surprised that although so many millions use these creams without results, none thinks of taking the companies to court. Paras and I did it to make sure that other people don’t suffer like me.”
Nikhil did not seek damages but asked for the litigation costs and was awarded Rs 10,000. The punitive damages of Rs 15 lakh will go to the consumer welfare fund of the State Consumer Commission, Delhi.
Whether the cream had or had not turned Nikhil fairer was not an issue in the court because the company contended that its product was meant only to improve skin health and quality. The Court, therefore, found the ad for the cream, guilty of “misrepresentation to the public.”
“It uses the word ‘gorapan’ in advertisement No. 1, which means ‘fair complexion,’ and in advertisement No. 2 it, holds out a false assurance of fair complexion with the use of the product for a period of four weeks,” the Court stated.
Fairness creams have always ignited controversy in India. Last year, the Food and Drug Administration had cracked down on a skin cream brand after accusations had been made of it containing steroids that could not be sold without prescriptions and were capable of causing serious side-effects.