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Informist, Wednesday, Apr. 16, 2025

 

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--Honasa Consumer files plea in HC over HUL's 'disparaging' sunscreen advt 
--Honasa Consumer urges HC to pass injunction against HUL's sunscreen advt 
--HC summons HUL on Honasa Consumer's suit on 'disparaging' sunscreen advt 
--HC to hear Thu Honasa Consumer's suit against HUL on sunscreen adv
 

 

NEW DELHI – The Delhi High Court on Wednesday issued summons to Hindustan Unilever Ltd. on a permanent injunction suit filed by Honasa Consumer Ltd. alleging that the former has put out a "disparaging" advertisment targeting the latter's "The Derma Co 1% Hyaluronic Sunscreen Aqua Gel SPF 50". The high court observed that Hindustan Unilever's advertisement "on the face of it, is disparaging", and listed the case for hearing on Thursday. 

 

In the advertisement of 'Lakme Sun Expert SPF 50' that appeared in newspapers and other media outlets, HUL said products of some brands, currently on online bestseller lists, are claiming to be "In-Vivo" tested, however, their in-market sunscreen product samples deliver Sun Protection Factor of 20, or SPF 20 against a claim of SPF 50. Lakme has been "In-Vivo" testing its sunscreens since 2015 and holding high standards of not only testing but delivering SPF 50 across their products, HUL said in the advertisement.

 

Honasa Consumer said the advertisement had referred to them, given that they are the "best selling sunscreen" on Amazon.com. The petitioner said the "In-Vivo" testing method was also pointing to their products, which have been certified as containing SPF 50 by third-party labs through this testing method.

 

The petitioner said it was not a "fly-by-night operator" and the company is listed on the stock exchange. It added that its sunscreen has a market share of 30?ross all brands. Honasa Consumer said it has a turnover of INR 3 billion-INR 4 billion a year from sunscreen products. 

 

Honasa Consumer said the product in the advertisement which HUL has placed with the line "says SPF 50, gives 20", has the same packaging as its product. "So by saying online best seller and having a product that is distinctive of my packaging, they are clearly targeting me," the company said.

 

The petitioner said the advertisement states that sunscreen quality standard is a serious conversation, as lack of sunscreen protection can lead to significant sun damage to skin like pigmentation, tanning, and skin ageing. "So they are saying, if you use my product because it's not SPF 50 but 20, you will have pigmentation, tanning and skin ageing, which they are trying to depict in the picture on the left hand side and the left hand side is associated with my product," said Honasa Consumer.

 

The advertisement strikes at the heart of the company's reputation in the product because what is a sunscreen product but for its sun protection factor, argued the petitioner. It is a concerted campaign, not just in newspapers but also in YouTube and on hoardings, the petitioner added. "They are targeting me with malice. There is an element of class disparagement," said the petitioner.

 

At 1245 IST, shares of Honasa Consumer were up 0.7% at INR 230.65 on the National Stock Exchange, while those of HUL were up 0.2% at INR 2,367.00.  End

 

IST, or Indian Standard Time, is five-and-a-half hours ahead of GMT

 

Reported by Surya Tripathi

Edited by Tanima Banerjee

 

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