The Consumer Forum has given a very big and historic decision regarding the companies manufacturing beauty products and making tall claims in their advertisements. Consumer Forum has imposed a huge fine of ₹ 15 lakh on Emami, the famous company manufacturing ‘Fair and Handsome’ men’s cream. The court has taken this strict step because of the wrong and misleading publicity being done by the company. A common customer from the country’s capital Delhi had opened a legal case against this renowned company because he was not able to become fair even after applying the cream for three weeks as promised by the company.

The Consumer Forum has clearly stated in its order that Emami Company should have to pay a compensation of ₹ 50 thousand to the complaining customer. Along with this, a huge amount of ₹ 14.5 lakh should be deposited in the account of Consumer Welfare Department of Delhi Government. Not only this, the forum has also instructed Emami to give a separate amount of ₹ 10 thousand to the person fighting the legal battle, so that his expenses incurred in the case can be compensated. The court found in the investigation that whatever claims Emami was making about her cream were completely misleading and the advertisements shown in TV and newspapers were far from the reality.

What was all this interesting matter?

This whole controversy started in the year 2013. Nikhil Jain, a resident of Delhi, had filed a case against beauty product manufacturing company Emami in February 2013. Nikhil Jain alleged that he had purchased ‘Fair and Handsome Men’s Cream’ by spending ₹ 79 in the month of October. The company had a clear claim in its packaging and advertisements that if a man used this cream twice a day for three weeks continuously, his skin tone would clear up and he would become fair.

Nikhil Jain told the court that Emami had written instructions on the pack of his cream, which read, “Apply on face and neck twice a day after cleansing for faster glowing complexion. Regular use is recommended for best results.” Nikhil Jain alleged that he followed every word written by the company completely and applied the cream exactly as it was mentioned on the box.

Nikhil Jain alleges that even after strictly following the rules, there was no change on his face and the company’s claim proved to be completely hollow. He did not get any satisfactory result even after the deadline of 3 weeks. Nikhil Jain told the court that such false and tempting claims are a direct violation of consumer protection laws. He told that the company had spread the same lie not only on its packing but also in its official website and TV advertisements. Frustrated, when he wrote several emails to the company and got no response, he approached the court demanding compensation of ₹20 lakh. In this case, which has been going on since 2013, Nikhil had also presented a CD of TV advertisements before the forum as evidence.

What arguments did Emami Company give in defence?

When this matter reached the consumer forum, the Emami company rejected all these allegations outright. The company claimed in the court that Nikhil Jain’s claim of purchasing the cream is completely fake. The company’s lawyer argued that there is no serial number written on the bill with Nikhil Jain, which does not prove that he himself had purchased the cream. The company also said that no beauty cream in the world works alone and its results also depend on many other external factors.

The company’s lawyers said that to get better and correct results, it is not enough to just apply the cream, but along with it, it is also very important to have a good and nutritious diet, regular exercise, healthy habits and cleanliness. Emami alleged that there was no solid medical evidence to prove whether Nikhil Jain had applied the cream regularly as per his skin condition or not. The company also said that this claim of Nikhil has been made without the advice of any skin specialist and he has not given any information about his lifestyle, hence this complaint should be rejected. The company even said that this case has been filed only with the intention of tarnishing their brand value and image.

Consumer Forum gave final decision

After hearing lengthy arguments from both sides and looking at the evidence, the Consumer Forum gave its final verdict on 9 December 2024. The forum slammed Emami Company and said that the instructions written on the packaging and label of ‘Fair and Handsome’ cream are incomplete and manipulative. The company knows very well that no one can become fair just by applying cream for 3 weeks, yet it is misleading people to increase its sales.

The court said that if along with the cream, things like diet and exercise were also necessary to become fair, then why did the company not write it clearly on the pack? In such a situation, any common citizen with common sense will see the advertisement and believe that applying the cream for 3 weeks will do the magic. The forum considered this to be plain misleading advertising and ‘unfair trade practice’.

The forum imposed a fine of ₹15 lakh on Emami for duping customers through false advertising, of which ₹14.5 lakh will go to the Delhi State Consumer Welfare Fund and ₹50,000 will go to the complainant Nikhil Jain. The court has given strict orders to the company to repay the entire amount within 45 days. Along with this, Nikhil will also get ₹ 10 thousand for his legal expenses.