"Fair" Ask For A "Fair And Handsome" Advertisement

Consumer protection regimes around the world are driven with the intent to empower consumers and protect their rights. In India, the Consumer Protection Act, 2019 (which replaced the Consumer Protection Act, 1986) and the associated rules and regulations codify the law on filing of consumer complaints, misleading advertisements, unfair trade practices, etc. Advertisements in India are required to be in compliance with the standards and regulations set by the Advertising Standards Council of India (ASCI) as well which also provides for a robust framework for redressal. A recent case filed by a consumer against a company advertising and selling fairness creams in India once again stirred debate and discussion around misleading advertisements and how claims related to it come to be adjudicated [Nikhil Jain vs. Emami Limited, District Consumer Dispute Redressal Commission, Delhi, Complaint Case No. 53, order dated December 9, 2024].