Consumer Case on Fair and Handsome Cream by Emami
The complainant purchased “Fair and Handsome Cream” by Emami for Rs. 79 on 08.10.2012, which claimed to be the world’s No.1 cream for men to achieve fairer skin in three weeks.
However, after following the usage instructions, the complainant saw no results and alleged that the product’s advertising amounted to false promises and unfair trade practices. Despite emailing Emami for clarification, he received no response. The complainant filed a case in the District Commission, seeking Rs. 19,90,000 in punitive damages and Rs. 10,000 in litigation costs.
The commission determined that the complaint fell within the District Commission’s pecuniary limits and dismissed the plea of non-joinder of the shopkeeper, as the issue was solely against Emami. The commission rejected the claim of product defect, noting that the fairness cream met the standards set by the Advertising Standards Council of India (ASCI), and no defect was found. However, it acknowledged that the product’s instructions were incomplete and could mislead customers, constituting unfair trade practices.
The commission directed Emami to withdraw misleading advertisements and packaging but noted that the complainant did not prove actual loss or injury from the product. As a result, punitive damages of Rs. 15,00,000 were imposed, with Rs. 14,50,000 directed to the State Consumer Welfare Fund and Rs. 50,000 to the complainant, along with Rs. 10,000 for litigation costs.
Source: – Live Law
By: – Rajat Ranjan
