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Emami Ltd fined Rs 15 lakh by Delhi Commission for misleading claims on 'Fair and Handsome' cream, prompting discussions on advertising ethics and fairness creams.

Emami Fined for Misleading Fairness Cream Ads

Emami Ltd fined Rs 15 lakh by Delhi Commission for misleading claims on 'Fair and Handsome' cream, prompting discussions on advertising ethics and fairness creams.

A district consumer forum in Delhi imposed a fine of Rs 15 lakh on Emami Ltd for unfair trade practices after a man alleged that the company&rsquo;s fairness cream advertisement was deceptive and misleading.
The Central Delhi District Consumer Dispute Redressal Commission was hearing a complaint of unfair trade practices against Emami Ltd for its product, Fair and Handsome cream.
The complainant said that he purchased the cream in 2013 for Rs 79, but the product failed to give him the assured result of fair skin.
The forum comprising its President Inder Jeet Singh and member Rashmi Bansal passed the order on December 9.
It noted the complainant&rsquo;s submissions about &ldquo;using the product regularly as per instructions given on packaging and label of the product &mdash; apply on face and neck twice daily after cleansing for faster glowing fairness &mdash; but he did not gain fairness in his skin or reap other benefits.
It also noted that according to Emami Ltd, the complainant was unable to prove that he used the cream as per the instructions and so the product was not defective.
The forum said there was nothing on record to help it conclude whether the complainant&rsquo;s skin had become fair after using the product.
It noted the written submissions of the company that to have the desired results from a personal care product, several factors such as proper usage of the product and a proper nutritious diet, exercise, healthy habits and hygienic living conditions were required.
&ldquo;Such robust conditions are not mentioned on the packaging and labelling of the product. There is another improvement in the final written arguments that the product is meant for normal young men (not sick people) between the age of 16-35 years. What does a sick person mean? This additional requirement is also not mentioned on the packaging,&rdquo; the forum said.
It said Emami Ltd cannot blame the complainant by alleging that instructions were not followed.
Noting the evidence before it, the forum said, &ldquo;Opposite party or OP (Emami) is offering the product &ndash; Fair and Handsome cream with few, negligible and limited instructions on the packaging and labelling that its regular use for three weeks will result in fairness in skin of man.&rdquo; The consumer forum said the company knew that instructions mentioned are incomplete and for want of following the other requirements, it will not give the result claimed.

The government has flagged six major issues in the insurance sector, that is leading to a huge amount of consumer complaints, and urged the insurance regulator to address these issues. 

Govt asks IRDAI to reduce pendency of insurance related consumer cases

The government has flagged six major issues in the insurance sector, that is leading to a huge amount of consumer complaints, and urged the insurance regulator to address these issues.&nbsp;

The government has flagged six major issues, including ambiguity in insurance contracts and inflexible policy terms, before regulator IRDAI and other stakeholders, and urged them to address those to reduce the huge pendency of consumer cases. Currently, more than one-fifth of the total consumer complaints are pertaining to the insurance sector across the country.
The other issues raised before the key stakeholders include lack of powers delegated to representatives of insurance companies to take decisions during out-of-the-court settlements, agents not sharing full policy documents with consumers at the time of signing of policy, repudiation of claims on the basis of pre-existing diseases and crop insurance claims tied up with a central scheme which is not flexible, it said.
"We have raised these concerns before IRDAI and other stakeholders. We are hopeful that the insurance companies will address them voluntarily. If the need arise we will also request the regulator to make it mandatory," Consumer Affairs Secretary Rohit Kumar Singh told the media.&nbsp;
He said there is huge pendency in consumer cases related to the insurance sector across the country because of these issues.
"As the industry seeks to achieve 8 per cent penetration, it is critical that we put in place the building blocks to avoid a significant build-up of complaints," he added.
The Secretary asserted that consumer cases can be reduced if the insurance policy terms and conditions are made simpler, clear and in understandable language. It is also important to create awareness among consumers that they should not sign the policy document without properly understanding terms and conditions of the policy.
According to the Consumer Affairs Secretary, out of 5.53 lakh pending cases in consumer courts across the country, about 1.61 lakh cases are related to the insurance sector.
A maximum of 80 per cent of cases are pending in district consumer courts, 17 per cent in state consumer courts, and 3 per cent at national consumer commissions, he said.
"We want to settle a lot of litigations through mediation. However, the representatives of the insurance companies are bound by the restriction and not delegated proper powers to take a decision. We are requesting the companies to delegate powers to them so that cases are resolved expeditiously," he said.
&nbsp;

The guide aims to ensure that individuals do not mislead their audiences when endorsing products or services and that they are in compliance with the Consumer Protection Act and any associated rules or guidelines, says Consumer Affairs Ministry

Govt issues endorsement guidelines for influencers; violations to attract fine up to Rs 50 lakh, ban

The guide aims to ensure that individuals do not mislead their audiences when endorsing products or services and that they are in compliance with the Consumer Protection Act and any associated rules or guidelines, says Consumer Affairs Ministry

The government on January 20 made it mandatory for social media influencers to disclose their &lsquo;material&rsquo; interest in endorsing products and services and violations can attract strict legal action, including a ban on endorsements.
The regulations are part of continuing efforts to curb misleading advertisements as well as protect the interests of consumers amid the expanding social influencer market which is projected to be worth around Rs 2,800 crore by 2025.
The new guidelines named &lsquo;Endorsement Know Hows &mdash; for celebrities, influencers and virtual media influencers (Avatar or computer generated character) on social media platforms&rsquo; has been issued by the Department of Consumers Affairs.
In case of violation, the penalty prescribed for misleading advertisements under the Consumer Protection Act 2019 will be applicable.
The Central Consumer Protection Authority (CCPA) can impose a penalty of up to Rs 10 lakh on manufacturers, advertisers and endorsers. For subsequent offences, a penalty of up to Rs 50 lakh can be imposed. The authority can prohibit the endorser of a misleading ad from making any endorsement for up to 1 year and for subsequent contravention, prohibition can extend up to 3 years.
(PTI)
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The World Consumer Rights Day is celebrated every year on March 15. Know your consumer rights in India

World Consumer Rights Day 2021: Know your consumer rights in India

March 15 is marked as World Consumer Rights Day, here's your lowdown on consumer rights in India

SUPERS
March 15 marks World Consumer Rights Day Aim to raise awareness about a consumer's rights This year's theme: Tackle Plastic Pollution India passed the Consumer Protection Bill in 1986 Last year the law was amended to give it more teeth ------ Customers can file a complaint anywhere in India Celebrities are accountable for misleading adverts E-commerce websites included under purview of law Online shoppers don't have to depend on customer care Fine or jail term applicable for food adulteration Customer has the right to information about product A company can't pressurise customer to buy product Jail for exaggerated advertisements, ASCI to monitor

The World Consumer Rights Day is celebrated every year on March 15. The day is observed to raise awareness about a consumer's rights and needs so that he or she can fight against social injustices. This year, the theme for World Consumer Rights Day is to gather all the consumers in a fight to "Tackle Plastic Pollution".
India passed the Consumer Protection Bill on December 9, 1986, under the initiative of the then Prime Minister Rajiv Gandhi. Last year, on 20th July, amendments were made to the law to empower customers and give the legislative more teeth.
As a consumer, here are some rights that you have and must know about
1. Can file complaint anywhere Under the new rule, consumers can now file a complaint in any commission. Earlier, the case used to be registered only where the goods manufacturing company's office was situated.
2. Celebrities accountable too The provision of punishment and fine has also been applied to celebrities for misleading advertisements. In such a situation, celebrities now choose advertisements after thinking very carefully.
3. e-commerce websites included E-commerce companies have been included in the new law. Now, online shoppers do not have to depend on customer care for the product or service, they can also register their complaint.
4. Fine or jail for food adulteration Food items have also been brought under the purview of this law. Now, there is a provision of fine and jail on companies for adulteration of food and drinks. A jail sentence of 6 months in case of adulteration, while death of a customer due to adulteration can be punishable with life imprisonment.
5. Right to information for customer Under this provision, the customer can get information about the product or service, such as information about the quantity, capacity, quality, purity, level and price of the item.
6. Company can't pressurise customer The customer cannot be forced to make a purchase. Till the customer is not convinced and does not check the item, he cannot be asked to purchase it forcibly.
7. Jail sentence for exaggerated adverts The Advertising Standards Council of India (ASCI), an organization that examines the authenticity of advertisements, the Consumer Protection Act 2019, has advised all advertisers to avoid promoting misleading information. ASCI will soon begin monitoring potential misleading advertisements appearing on digital media with surveillance on print and TV.

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