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Suhasdarshan (Associate)     20 January 2011

How fair is fairness cream?

 

Advertisement in the audio visual media flasshes interviews of various popular mini screen as well as cine-stars who attribute their fairness and complexion to regular use of Fairness Creams.

Their old and new pictures are also played to show the product effectiveness.

What if any due laboratory research and testing of the products on sample groups of men and women publish that both the products are not giving any of the promised results?

Can we file a case against such a company for alleging unfair trade practice and seeking an order of discontinuance as well as prohibition of this unfair trade practice and also to issue corrective advertisement to neutralize the effect of the misleading advertisements?

If yes, then on what grounds?



Learning

 1 Replies

Suchitra. S (Advocate)     23 January 2011

Sir, Courts have time and again held that 'advertisements' are not contracts binding on the producer of the product. So, clearly, producers of the product cannot be made liable. 

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