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The court took into account the consumer’s argument that despite using the cream, he did not see any of the advertised benefits.
the Delhi Consumer Forum ordered Emami Limited to pay a penalty of Rs 15 lakh to the customer
A cosmetics company was penalised after a consumer filed a lawsuit claiming that its popular fairness cream failed to deliver on its promise of a lighter skin tone. The case, heard by the Delhi Consumer Forum, resulted in the court imposing a fine of Rs 15 lakh on Emami Limited, the manufacturer of “Fair and Handsome Cream,” for deceptive advertising and unfair trade practices.
The incident dates back to 2013, when a customer purchased the product for just Rs 79, enticed by the company’s claims that it would lighten skin with regular use. However, after following the usage instructions faithfully, the consumer did not experience any noticeable change in his skin tone. Dissatisfied, he filed a complaint, claiming that the advertisement was misleading and the product failed to live up to its promises.
On Monday, December 9, the Central Delhi District Consumer Disputes Redressal Commission ruled in favour of the complainant. The court took into account the consumer’s argument that despite using the cream as per the directions on the packaging, his skin remained unchanged, and he did not see any of the advertised benefits. The forum also criticiaed the company’s misleading promotional message that suggested rapid skin lightening through regular application of the cream.
The company, however, defended itself by asserting that the consumer had not followed the instructions properly and failed to demonstrate that he had adhered to the recommended regimen. Emami also argued that factors like a balanced diet, exercise, and healthy habits were essential for achieving the desired results, but these conditions were not specified on the product label.
The court rejected these arguments, stating that Emami’s claims were incomplete and unclear, and the company’s reliance on additional, unstated requirements could not justify its product’s failure to deliver the promised results. The forum noted that the product’s packaging contained insufficient instructions and did not clarify that results might vary based on a person’s overall lifestyle and health. The forum concluded that the company was aware of these gaps and still marketed the product with unrealistic claims.
As a result, the Delhi Consumer Forum ordered Emami Limited to pay a penalty of Rs 15 lakh to the customer, emphasising that the company’s advertising practices misled consumers and violated fair trade standards. This fine is intended to compensate the complainant and serve as a reminder to other companies about the importance of honest advertising and product claims.
