By Our Special Correspondent

Kochi : After  Dhathri, Indulekha, Sreedhareeyam  the Drugs Controller of Kerala has swooped  Fair & Lovely for deceptive claims  of its cosmetic products. In a state-wide raid the enforcement officers of the Drugs Control Department confiscated Fair & Lovely Cosmetic products worth Rs. 7805572. As per an official statement from the Controllers office the products have been impounded for “Misleading claims on the containers and outer cartons in violation of the provisions of D &C Act 1940 and rules 1945 made there under…”

According to the statement the enforcement officers “have initiated prosecution action against Fair& Lovely Cosmetic products like Fair & Lovely Multi­Vitamin    Under Eye Serum,      Fair       &       Lovely       (Ayurvedic       Care),    Fair &Lovely Multi­Vitamin 50g by  seizing/sealing the stock of these products from the leading dealers throughout the state.”

“The main misleading claims/statements made by the manufacturer are as detailed below:

1.    Fair  &  Lovely   ( Ayurvedic   Care)

a. A Clear Fairness Meter is attached with the outer carton of the product.

b. A picture of the face of a lady on the inner tube and outer carton showing the conversion from darker skin to fairer skin .

c. There is no specifications regarding the name and type of the product(Whether it is cream,gel etc)

d. The inner tube and outer carton of the label indicates that the product( manufactured under cosmetics licence) contains    Kumkumadi Tailam which is  an Ayurvedic preparation. This Thylam is not found in the ingredients list as such.

e.  The word  “clear”  mentioned in the inner tube and outer carton   claims total cure for  certain skin conditions is misleading.

f. The details of the manufacturer printed on the container and outer cartons are not as per the statute.

2.     FAIR & LOVELY Multi­VITAMIN UNDER   EYE   SERUM

a.   The indications ”Under Eye Serum”,” Eye brightening complex”,  “Multi vitamin Concentrate”,   “Instant action for even tone”, ”SERUM MADE IN INDIA”  ,in the outer carton of the product.

b. A picture of the face of a lady on the outer carton of the product showing the conversion from darker skin to fairer skin under eye.

3. Fair     &Lovely     Multi­VITAMIN     50g

a. A Clear Fairness Meter is attached with the outer carton of the product.

b. A picture of the face of a lady on the inner tube and outer carton showing the conversion from darker skin to fairer skin

c . There is no specification regarding the name and type of the product (Whether it is cream, gel etc)

All the above points clearly indicates that these three products are MISBRANDED as they are manufactured and marketed in   violations of section17(C) (b)& (c) of Drugs & Cosmetics Act 1940.”

The  Controller in signed statement said “the seized articles are produced before the respective Honorable  Courts for safe custody. The final reports in the cases will be filed by the respective officers after completion of the investigations.”

Manufacture and sale of misbranded cosmetics is punishable with imprisonment for a term which may extend to one year or with fine which may extend to Rs 20,000 or with both as stipulated in Section 27A of the Drugs and Cosmetics Act, the DC said.

Prosecution actions  will be initiated against all cosmetics products  manufactured and marketed in violation of the provisions of the Drugs and cosmetics Act and rules, after investigation , the Controller confirmed.

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