Mamaearth vs. HUL in a court battle concerning advertising claims


A legal confrontation is intensifying between two prominent skincare brands, Honasa Consumer (the parent company of Mamaearth) and Hindustan Unilever (HUL), over allegations of misleading advertising concerning sunscreen products. The battle centers on HUL's advertisement for its Lakme Sun Expert SPF 50, which Honasa alleges deceptively targets its Derma Co sunscreen, specifically the 1% Hyaluronic Sunscreen Aqua Gel.

In its legal petition, Honasa Consumer accuses HUL of making false claims in its ad, suggesting that many sunscreens, despite advertising an SPF 50, only offer an SPF 20 level of protection. HUL’s Lakme Sun Expert SPF 50 advertisement implies that its product is more reliable, delivering the full SPF 50 protection, while other brands, including Honasa’s, fall short. Honasa argues that the ad is aimed directly at The Derma Co product, which has been a top-seller on Amazon, by mentioning phrases such as “online bestseller,” a term widely associated with their sunscreen.

Honasa’s legal representative, Amit Sibal, contends that The Derma Co 1% Hyaluronic Sunscreen Aqua Gel is indeed the best-selling sunscreen on e-commerce platforms like Amazon, contrary to what HUL’s ad implies. According to Honasa, HUL’s use of similar packaging and terminology in the ad is intended to disparage their product and mislead consumers.

The Delhi High Court has acknowledged that HUL's advertisement appears to be disparaging, but it has allowed the campaign to continue, though with some modifications. The court also gave HUL a day to present its side of the argument, which will be heard at the next hearing scheduled for Thursday. However, no injunction has been issued to stop HUL from continuing the Lakme ad campaign. In a notable development, Honasa has agreed to take down its social media posts criticizing the Lakme product, as per HUL’s statement.

Meanwhile, the co-founder of Honasa Consumer, Ghazal Alagh, has responded publicly, poking fun at Lakme for seemingly catching up with the sunscreen industry’s SPF 50 standard. Alagh shared an ad from The Derma Co that sarcastically congratulates Lakme on reaching the SPF 50 benchmark, calling it a "welcome" move for the brand. This move has heightened the tensions between the two skincare giants.

As part of the ongoing legal battle, HUL has approached the Bombay High Court, seeking to stop Honasa from airing ads that criticize the Lakme sunscreen. The hearing in this court is likely to take place on Thursday before Justice Arif Doctor.

At the heart of this dispute is the issue of SPF (Sun Protection Factor), a critical metric for consumers when selecting sunscreens. HUL claims that several online sunscreens fail to deliver the SPF they promise, despite tests through In-Vivo methods. HUL further asserts that these products are misleading consumers about the level of protection they offer. However, Honasa firmly maintains that its product meets the SPF 50 claims and has undergone testing by reputable, third-party labs to ensure its reliability.

As both companies accuse each other of false advertising, the courts are now tasked with determining which brand is truthful in its claims. The legal showdown between these two skincare giants will likely have significant implications for how sunscreen products are marketed and tested in India. The Delhi High Court and Bombay High Court are expected to provide further clarity on this issue in the upcoming hearings, where the outcome could shape the future of sunscreen advertising in India.


 

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