HUL contended Emami, in its advertisement, makes a false claim that Fair & Lovely was "rubbish and inefficacious" and that its use was restricted only to women.
Delhi High Court has rejected plea by Hindustan Unilever (HUL), maker of Fair and Lovely range of skin lightening and fairness cream, which claimed TV commercial by Emami Ltd for it's Fair & Handsome’ product makes fun of a male using a ladies’ cream.
The Delhi High Court in its judgment dated March 27, 2019 upheld the right of Fair and Handsome to run the advertisement that shows how women’s fairness creams are not designed for use on men's tough skin.
The court rejected HUL's plea, which claimed Fair and Handsome’s TV commercial to be disparaging to its own brand – Fair & Lovely.
HUL had moved the Delhi High Court against Fair and Handsome's latest commercial which showed Vidyut Jammwal referring a tube with a colour combination of pink and 'ladkiwali 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 ad also showed a tube that was white and pink in colour, which HUL had claimed to be a distinctive feature of their brand Fair & Lovely.
HUL contended Emami, in its advertisement, makes a false claim that Fair & Lovely was "rubbish and inefficacious" and that its use was restricted only to women.
"In view of the literature that has been posted on its own website by the plaintiff (HUL), it also cannot be said that prima facie the statements made in the advertisement regarding using of women’s cream by men is false," said Justice Jayant Nath.
On the disparagement case, the Court questioned, "Can it be said that this advertisement on account of the said dialogue stated is false or misleading or unfair or deceptive? Does it amount to generic disparagement? The answer is in the negative."
An Emami spokesperson said: "We are not surprised by the consistent strategy adopted by HUL to target Fair and Handsome on frivolous grounds across forums. We will endeavor to do everything in our realm to safeguard the best interests of consumers, by empowering them with the right information."
In the past too, HUL has targeted Fair and Handsome on unfair disparagement.
Earlier, in June 2018, HUL had aired a television commercial for Men’s Fair & Lovely, showing Fair and Handsome, claiming their own product to be the original one thus causing direct disparagement to Fair and Handsome. The Court provided an injunction in favour of Fair and Handsome, restraining HUL from circulating and displaying the commercial.
Further, in July 2018, HUL had gone on appeal to Calcutta High Court on similar grounds, which rejected: "Even on prima facie consideration of the time‐frame of launching the respective products, the product of the petitioner, "Men’s Fair and Lovely", is much younger on point of commencement."
