Delhi Consumer Forum Fines Emami Rs 15 Lakh for Deceptive Fairness Cream Advertisement

A district consumer forum has fined Emami Ltd Rs 15 lakh for unfair trade practices. This decision followed a complaint that the company's fairness cream advertisement was deceptive. The Central Delhi District Consumer Dispute Redressal Commission examined the case against Emami Ltd concerning its Fair and Handsome cream.

The complainant purchased the cream in 2013 for Rs 79, expecting fairer skin as advertised. However, he did not achieve the promised results. The forum, led by President Inder Jeet Singh and member Rashmi Bansal, issued the order on December 9. It noted that the complainant used the product as instructed but did not experience any skin fairness or other benefits.

Consumer Forum's Observations

Emami Ltd argued that the complainant failed to prove proper usage of the cream, suggesting the product was not defective. The forum found no evidence to determine if the complainant's skin had lightened after using the product. Emami Ltd stated that achieving desired results requires proper product use, a nutritious diet, exercise, healthy habits, and hygienic living conditions.

The forum highlighted that these conditions were not mentioned on the product's packaging or labelling. Additionally, Emami Ltd claimed the cream was intended for healthy young men aged 16-35, which was also not specified on the packaging. The forum criticised Emami Ltd for blaming the complainant for not following instructions.

Misleading Advertisements and Unfair Practices

The forum observed that Emami Ltd provided limited instructions on the packaging, claiming regular use for three weeks would result in fairer skin. It concluded that an average customer might believe these instructions would yield the claimed results. This constituted misleading advertising and unfair trade practices by Emami Ltd to promote sales.

The forum determined that Emami Ltd engaged in unfair trade practices through deceptive advertisements and packaging. However, it decided that a corrective advertisement in newspapers was unnecessary since the complaint was filed in 2013. The forum directed Emami Ltd to cease its unfair trade practices related to this product.

Punitive Damages and Compensation

Emami Ltd must withdraw misleading packages, labels, and advertisements immediately. The company is required to pay Rs 14.50 lakh in punitive damages to the Delhi State Consumer Welfare Fund. Additionally, Rs 50,000 will be paid to the complainant as punitive damages and Rs 10,000 as litigation costs.

The forum explained that punitive damages are imposed to penalise and deter companies from engaging in similar conduct. These damages aim to reform defaulting parties and prevent others from committing similar wrongs. The trial faced delays as a previous ruling in favour of the complainant was returned for fresh proceedings by thorough evidence evaluation.