Why did a Consumer Forum in Delhi rule that ‘Fair & Handsome’ ads are misleading? - Factly
Sai Krishna Muthyanolla
November 13, 2015
Fairness Creams cash in on people’s desire to look fair. In a case that could have wider ramifications, a district consumer forum in Delhi held that the ‘Fair & Handsome’ ads by Emami are misleading and directed Emami to pay Rs 15 lakh as damages.
There is no dearth of fairness creams in the market. From promising fairness in a few days to a few weeks, these products are promoted by the icons of the film industry. A multibillion dollar industry that was once the preserve of only metros has now reached every nook and corner of the country. Emami’s Fair & Handsome was one of the first fairness products for men in India. In a rare case that could have wider ramifications, a district consumer court in Delhi recently ruled that the ‘Fair & Handsome’ ads by Shahrukh Khan are misleading and directed Emami to pay an amount of Rs 15 lakh as punitive damages.
The Case
One Mr. Nikhil Jain, a resident of Delhi filed a complaint in the District Consumer Disputes Redressal Forum of Central Delhi. The complaint was about the ‘Fair and Handsome Cream’, (World’s No.1 Fairness Cream for Men) being manufactured by Emami. The complainant contended that he had used the product as per directions for use mentioned on the labeling and packaging of the product, but it had failed to show any results as claimed. He also argued that Emami has been using Mr. Shahrukh Khan, a well-known actor as its brand ambassador for promotion of the product and it makes false claims and promises that it provides fairness in just three weeks.
The complainant claimed that the complaint is maintainable under sections 2(f) and 2 (r) of the Consumer  Protection Act as the product is not of the quality  and potency as claimed and that Emami has adopted an unfair trade practice for the purpose of promoting the sale , use and supply of the product. The complainant also said that the complaint against Emami is maintainable for the following reasons;
The Complainant’s Prayer
The complainant made the following two prayers in this complaint and requested the consumer forum to provide him relevant relief.
Emami’s Response
In its response, Emami argued that the complaint is frivolous in nature and is not maintainable. It also denied that the complainant had used the cream for three weeks as per directions and there is no evidence to prove the same. In its defense, Emami made the following arguments,
Emami requested that the case be dismissed since it does not have any substance.
The Forum’s Order
The forum relied on the complainant’s version that Mr. Sharukh Khan has been used in the ads with a representation that using the cream gives a fair complexion to the user. The forum relied on the transcripts and video recordings of the advertisements that focus on ‘Behtar Gorapan’ or fair complexion.
The forum concluded that the advertisements depict that by application of the product, the complexion of the user changes from dark to wheatish and from wheatish to fair. The advertisements make a representation to the general public that, by the use of the product, they can achieve fair complexion.
The forum also held that this is in direct contrast with the defense taken by Emami wherein it has claimed that the use of the product improves the health and quality of skin.  It also held that no attempt has been made by Emami to show and justify the advertisements which hold out a promise of the skin getting fairer by the use of the product.
The forum held that the advertisements published make a misrepresentation to the public at large about the effectiveness of the product to change the complexion of the skin from dark to wheatish and  from wheatish to fair.  It, therefore, amounts to an unfair trade practice being adopted to sell its product. The forum also held Emami guilty of deficiency in service.
The forum directed Emami to;