A hair cream company that promised “hair growth in just six weeks” and an actor who appeared in an advertisement for the company have been asked to pay Rs 10,000 fine each to a consumer for making ‘false’ promises. The Kerala redressal commission has ordered the company, Dhathri, as well as Malayalam actor, Anoop Menon, who appeared in the advertisements to pay Rs 10,000 each to Thrissur native Francis Vadakkan.
In 2012, Francis Vadakkan had filed a complaint against Dhathri claiming that despite using the product, it had not yielded any result. Represented by Advocate AD Benny, Francis told the Thrissur Consumer Disputes Redressal Commission that he had been given false promises through adverts for the product and ultimately lost money as a result. The recent order came in September 2020, eight years after the original complaint.
In the complaint, Francis Vadakkan states that he brought Dhathri’s hair care cream for Rs 376 for the first time on January 11, 2012, after seeing the advertisement. He used it continuously and bought another pack the following month, he said. “But to my despair, even after using it for seven continuous weeks, there was no positive change,” the complainant had said. He noted that despite being ridiculed by his relatives and friends for purchasing the product, he continued to use the hair cream, but finally became a “laughing stock of society.”
The complainant demanded compensation of Rs 5 lakhs for humiliation and emotional distress.
According to the redressal commission’s order, the newspaper advertisement that appeared in Malayalam daily Mathrubhumi on January 26, 2012 portrays statements from actor Anoop Menon. The redressal commission cited parts of advertisement, with lines such as, “Hair growth is guaranteed. Just within six weeks, the result will be threefold.” It also included statements such as, “I was afraid that I would turn bald, but used Dhathri hair cream for six weeks and my hair grew nicely” and “Can again recommend this to anyone. However intense the hair fall is, it will stop that and hair will grow lusciously.”
However, actor Anoop Menon, who was the brand ambassador of Dhathri at the time, told the commission that the print advertisement was published without his permission. But the commission observed that the actor could not prove this argument.
“I took part in the ad about hair protection, not hair growth. I don’t know about the advertisement. It is their story. But as part of the advertisement, a video shoot had been done,” actor Anoop Menon said, according to the commission. He also added that he did not personally use the hair cream.
The commission also observed that the brochure available along with the product offers the “promise” of hair growth. The first respondent in the case, the proprietor of a medical shop from where the products were purchased, noted that the brochure stated each user would have a different experience.
“This had been mentioned in the precaution section of the brochure. But often, these are printed in such a way that it is not even visible when looked at even with the help of a magnifying glass,” commission President CT Sabu observed in the order.
The way in which crucial details were presented in the brochure reflects a selfish attitude within the company, according to the complainant, which the commission president said cannot be dismissed.
“The complainant here did not question the effectiveness of ayurvedic medicines, but the question is whether he got the required result as promised through the attractive advertisements,” the commission said, adding it is clear that consumers did not get any of the promised effectiveness of the product.
Advertisements which now cover newspapers are supposed to guide consumers in the right direction, but are now pushing them towards exploitation, the commission stated. The body also added that advertisements should be in such a way that consumers are about the quality of the products and not made to feel as if they are being exploited.
The commission also ordered the medical store proprietor to compensate Rs 3,000 to the complainant to cover his legal expenses.
Meanwhile, Dhathri Ayurveda Pvt. Ltd has issued the following statement:
“All Dhathri Ayurveda products undergo extensive clinical studies conducted by independent labs and the results are registered with the Clinical Trial Registry of India (CTRI). This dispute pertains to an advertisement that appeared in 2012 around the product Dhathri Hair Protector and the case was registered in 2012. The disputed advertisement has not been used for many years now. However, the company vigorously defends its claims as they have scientific backing and the Dhathri Hair Protector is registered with CTRI holding the number CTRI /20L3/OS/003644. Dhathri Ayurveda is committed to providing authentic and effective wellness solutions manufactured under the most stringent quality standards and all advertisement claims where applicable will have the complete backing of scientific evidence.”