NEW DELHI: The Delhi High Court has held that there is no generic disparagement by Emami’s fairness cream for men, ‘Fair And Handsome’ in its advertisement.
The order came after Hindustan Unilever Limited (HUL) urged the court to restrain Emami from telecasting a commercial for the fairness cream, alleging that it disparaged the goodwill and reputation of HUL’s product ‘Fair & Lovely’.
Hindustan Unilever had submitted that it had developed a technology using Niacinamide, which is capable of delivering skin lightening benefits. The same ingredient, HUL claims, works in a similar manner on women’s as well as men’s skin with a variable degree of efficiency.
Hence, the FMCG major said, it was common for male consumers to use fairness products available in the market without insisting for products designed specifically for them.
The HUL contends Emami, in its advertisement, makes a false claim that Fair & Lovely was “rubbish and inefficacious” and that its use was restricted only to women.
It objected to the advertisement showing a tube with a colour combination of pink and white and referring to it as “ladki wali fairness cream”. The pink-white cream is then depicted as being ineffective on men’s skin while ‘Fair And Handsome’ is shown as an effective fairness cream even though the main active ingredient in both is Niacinamide, the HUL said. “The advertisement was an attempt to demean, diminish and injure the business of HUL.”
Emami contended that the intention behind the advertisement was to inform men that the fairness cream used by women was not effective on their skin, as the texture of male skin is completely different.
“In view of the literature that has been posted on its own website by the plaintiff, it also cannot be said that prima facie the statements made in the advertisement regarding using of women’s cream by men is false,” Justice Jayant Nath said, giving relief to Emami.