The court asked Hindustan Unilever Ltd (HUL) to ensure the ads and hoardings in the present form were discontinued in a time-bound manner.
“You discontinue the ad from today. You show that it is in the spirit of settlement. You can’t prolong the removal.. Online (ads) can go within 24 hours,” the judge told the HUL’s counsel.
Honasa moved the high court against HUL’s campaign alleging that while making a reference to the former’s “online bestseller” product the defendant claimed it was not offering SPF (sun protection factor) 50.
“You cannot call my product bad on the basis of a one-page executive summary (of a test report) which is inherently contentious.. To say my product is actually SPF 20 and I am misrepresenting to the public every day (is not acceptable),” said the plaintiff’s counsel.
After the court asked if the advertisements could be taken down, the defendant said it would remove the contentious references.
In view of the settlement, the parties agreed to not press at this stage the lawsuit filed by HUL in Bombay High Court.
The court would hear the case on April 21 after the defendant’s counsel said they would file an affidavit in relation to their proposed changes.
HUL had denied making any disparaging reference to The Derma Co and said it had laboratory reports to substantiate its claims.
The company, in a statement, said it respected the outcome of the proceedings.
“We respect the outcome to continue with our Sun Superiority Campaign with some modifications. This demonstrates the pivotal need for raising awareness around SPF efficacy, transparency, and accountability in the sun care category, keeping consumer interest and safety at the core. Lakmē has been conducting SPF efficacy and safety tests for over a decade, grounded in globally accepted scientific protocols. We have always believed in the power of science to inform product innovation and protect consumer interests,” said a statement of HUL.
It added, “This campaign is part of Lakme’s broader commitment to set a new benchmark for sun protection standards in India. Unfortunately, there are some sellers, who have been falsely claiming SPF 50. In the interest of consumers, upon independent testing by accredited labs, they fall far short of stated claims; misleading consumers on sunscreen, which has skin implications like pigmentation, skin ageing and spots.” PTI ADS ADS AMK AMK
