Lotus Herbals continues to make misleading claims on its sun protection products: HUL

In an email conversation with exchange4media, HUL stated that the contents of the said video neither disparages nor denigrates Lotus Herbals

e4m by Misbaah Mansuri
Updated: May 18, 2018 9:00 AM

The Delhi High Court disposed of a petition filed by herbal beauty product brand Lotus Herbals against an advertisement by Hindustan Unilever.

According to the court order of May 11, HUL contended that the ad was not made public and was for the company’s internal use only.

When exchange4media reached out to HUL, the company replied, “All communications from HUL, be it internal or external, comply with requirements of law. The demonstration video of Lakmé Sun Expert was no different and the contents of the video is backed by scientific reports carried out by external independent laboratory. Lakmé Sun Expert is indeed a superior product and the same was being communicated in the said video. The contents of the said video neither disparages nor denigrates Lotus Herbals’ or any other product. Aggrieved by the said video, Lotus Herbals did approach the Delhi High Court but the Honourable Court disposed of the same on the first day itself and we are free to air, circulate, broadcast the said Lakmé Sun Expert video in line with the court’s directions.”

In the email conversation with exchange4media, HUL also highlighted that in mid-2017, the brand had taken Lotus Herbs to Advertising Standards Council of India (ASCI) with regards to the latter’s sun protection products quality. “Lakmé Sun Expert SPF 50 has ample sunscreen protection levels as compared to the significantly sub-optimal content of sunscreens in Lotus MatteGEL SPF 50. These products have been tested through scientific protocols in international accredited labs, where Lakmé Sun Expert Ultra Matte Lotion SPF 50 is proven to deliver superior sun protection as outlined by the said video. Lotus Herbals has been and continues to make misleading claims on its sun protection products. In mid-2017, we approached the ASCI and the claim made by Lotus Herbals was held to be unsubstantiated. However, we haven’t seen them rectifying the claim statement and they continue to be in non-compliance,” said HUL.

Mohan Vidhani, the lawyer representing Lotus said, “HUL has indulged in the impugned advertisement. They cleverly mentioned in the impugned advertisement that same was for internal use. If that was so it should have been seen that it does not go out. Lotus received the same through Whatsapp hence filed suit. It is important to note that HUL did not deny the advertisement. In fact HUL has been indulging in disparagements. If it is based on scientific research/data and does not amount to disparagement why did they not fight the case instead of giving an undertaking.”

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