Delhi consumer court refuses to direct laboratory testing of Fair & Handsome cream to ascertain claims of fairness

The District Consumer Disputes Redressal Forum at Central Delhi has refused an application seeking laboratory testing of Emami's Fair and Handsome cream in order to ascertain the product's claims of increasing fairness of complexion [Nikhil Jain v. Emami Ltd].

President Inder Jeet Singh and Members Shahina and Vyas Muni Rai was hearing a case dating back to 2013, and said that a sample from the year 2013 would not be available. Therefore, an order for procurement and laboratory testing could not be passed.

“Thus, there does not exist circumstances to pass any order for procuring the product from the market in this year 2022 nor scope for laboratory test,” the order stated.  

The complainant had stated that he had not attained fairness in three weeks as claimed by the product, despite using the cream as per the directions provided.

In 2015, the forum had decided in the complainant’s favour and directed Emami to withdraw advertisements of the fairness cream.

The company was also directed to deposit ₹15 lakh as punitive damages with the Consumer Welfare Fund maintained by State Commission at Delhi.

The forum had found Emami guilty of unfair trade practice and deficiency in service. Therefore, it was directed to withdraw the advertisements claiming that the use of the product will change the dark complexion of the skin.

Emami challenged this order before the State Consumer Disputes Redressal Commission, which remanded the matter for reconsideration by the District Forum on that ground that the entire material on record had not been considered.

According to the State Commission, the complainant had failed to produce any expert evidence, other than a self-serving affidavit. Additionally, even the product was not placed before the forum.

On these directions, when the case was reopened before the district forum, the complainant sought laboratory testing. However, the application was rejected, reasoning that the State Commission had not ordered any testing.

The case will now be heard on its merits on January 28.

Advocate Paras Jain appeared for the complainant.

Advocates Dhanakshi Gandhi and Aarav Pandit appeared for Emami Limited.

Read the order here.