Tuesday, 22nd August, 2017

Fairness cream manufacturers sued

25, Jul 2014 By Simantini Kishore

New Delhi. In a shocking and sudden development, Radha Sha, a 27-year-old BPO worker from Gurgaon, had filed a class action lawsuit against 16 cosmetics companies, some the largest brands in India and International markets, for breach of promise and warranty.

The first of its kind, the law suite for multi billion rupees in damages against the manufacturers of Fairness Creams Fair and Lovely, The Fair & Lovely Foundation, L’Oréal’s Garnier Light & White Perfect, Olay Natural White, Pond’s White Beauty, Nivea Visage Sparkling Glow, Lakme Perfect Radiance, Neutrogena Fine Fairness, Fairever, Shahnaz Hussain Fair One Cream /Fairone to name a few, is the first of its kind in India.

In a press conference held outside the Delhi High Court Ms Radha Sha and her lawyer Mr Krishna Jha offered a video graphic proof of the emotional, psychological, physical as well as medical trauma suffered by the plaintiff over nine years of usage of said “ineffective and harmful” products.

Mr Krishna Jha stated that they had presented the lawsuit with documented proof of “not only the ineffectually of the said products but false advertisement, breach of promise and warranty, misleading and causing harm to the intended customer.”

Dr Bahadur Singh of the Parda Faash Research Group is said to be an expert witness for the plaintiff. The yearlong independent research conducted by his team “will reveal the truth of the ingredients, their quantities and real effects on the customer in each of the products” stated Jha.

He went on to add that the case will “prove that claims like Pond’s White Beauty Enriched with detoxifying vitamins and Loreal White Perfect enriched with White Micro Pearls, Melanin-Block and Vitamin C for radiant, fairer skin will be conclusively proved to be completely false.”

Famous dermatologist Dr Sundar Sushas’ world famous and highly acclaimed research paper on the Indian skin type in relation to melanin, UV rays and vitamin D production is also said to be a part of the plaintiffs claim.

Lawyer Krishna Jha, who is famous for his Rs 29 crore damages verdict in the iconic Mr & Mrs Singhal VS the producers of ‘Kuiki saas bhi kabhu bahu thi”  case of 2012  has taken up Radha Sha case on pro bono , on a “no win no fee basis”.

He is “confident about winning the case for the plaintiff product liability and breach of warranty on basis of defective design, improper labelling under traditional negligence rules and that the products caused when the plaintiff used them.”

When asked if he would face difficulty trying to prove negligence claims Jha introduced his client to the press.

Ms  Radha Sha, a dusky post graduate working with Contact BPO as a trainer stated that in a bid to become fairer and have “smooth flawless soft skin” to improve her career as well as marital prospects. She revealed her face to prove she has suffered from worsening skin conditions, acne, mild chemical burns, discolouration and rashes after using the products she was suing, along with  financial loss and emotional hardship.

She stated that as “she was the kind of consumer that the defendant intended to use the product and her dermatological ailments did not occur after the products was used and she has physical injuries, emotional trauma and psychological scars along with loss of self-esteem as a direct result of the false claims and harmful products of the manufacturers she is suing.

Jha ended the press conference offering his services to other potential plaintiffs to come forward to expand the case into Class Actions for Cosmetic Product Injuries.

The defendants were contacted for their comments on the development and the only response they offered was a “no comment”.

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