Delhi HC rules in favour of Emami in case against HUL

It said Fair and Handsome's ad isn't disparaging to HUL's Fair & Lovely.

MUMBAI: The Delhi High Court has upheld the right of Emami’s Fair and Handsome to run its advertisement that state that women’s fairness creams aren’t suitable for men’s tough skin. Rival Hindustan Unilever (HUL) had taken Emami to court claiming its commercial is disparaging to its own brand Fair & Lovely.

HUL claimed in its complaint that brand endorser Vidyut Jammwal’s dialogue “Ab to ladkiyon ki cream chodo” is aimed at its own product Fair & Lovely and that the ad showed a white and pink tube which is its distinctive feature.

The judgment dated 27 March, the Delhi High Court said that it cannot be said that the statements regarding men using women’s cream is false. It even added that the dialogue in question can’t be claimed to be false, misleading, unfair or deceptive and does not amount to generic disparagement.

An Emami spokesperson said, “The ruling by the Delhi High Court reinforces the fact that Fair and Handsome is built on a foundation of truth and trust. We thank the High Court for upholding the truth and the right to free speech. Fair and Handsome has earned immense consumer trust and is among India’s Top 50 Most Trusted Health and Personal Care brands (Brand Equity Most Trusted Brands 2019 study). We take this consumer trust with humility and acknowledge the brand’s huge responsibility to our consumers. We are not surprised by the consistent strategy adopted by HUL to target Fair and Handsome on frivolous grounds across forums. We will endeavour to do everything in our realm to safeguard the best interests of consumers, by empowering them with the right information.”

In June 2018, HUL aired a commercial for Men’s Fair & Lovely and Emami’s Fair and Handsome, claiming their own to be original. The High Court gave the verdict in favour of Emami and restrained HUL from circulating the displaying the commercial.

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