In January this year, Asci had held as "misleading" Emami's claims about its Naturally Fair Herbal Fairness Cream. The quasi-judicial body had acted on a complaint by a party whose identity was kept confidential as a matter of policy.

Emami stood by its claims and clarified the issues point by point in a letter dated February 8. Asci felt that Emami had made four misleading claims in an issue of Showtime and a television commercial telecast on Doordarshan on October 15 last year, which needed an explanation by the advertiser.

Asci said that "nine out of ten fairness cream users" and the headline in the print media advertisements "directly disparages fairness creams in general and the brand Fair & Lovely in particular, as Fair & Lovely is the dominant brand in the fairness cream market".

Emami agreed that users of fairness creams are usually ignorant about the contents, but pointed out that only Emami lists the details of the ingredients on the packs.

Asci objected to Emami's statement that other fairness creams contain hydroquinone, hydrogen peroxide and ammonia, since none of these chemicals are present in Fair & Lovely or other fairness cream brands which constitute 95 per cent of the fairness cream market.

Emami, in its letter, said the reference was in regard to chemical fairness creams and "not Fair & Lovely in particular". The letter, signed by Emami's AK Joshi, says: "We stand by our statement that most chemical fairness creams contain harsh whitening agents (hydroquinone, hydrogen peroxide andammonia)". As for Emami's claim of being "100% Natural", Asci observed that it is misleading and blatantly untrue, since a cream "by definition, is chemically composed".

Emami said "Emami Naturally Fair Cream is a 100% natural fairness cream because it contains 11 herbs....The use of preservatives even in herbal creams is allowed by law vide various clarifications issued by CBEC, New Delhi, and does not vitiate the character of the product as herbal product".However, Asci upheld the complaint, citing contravention of certain chapters.

In a letter dated March 3, Asci requested Emami to withdraw the advertisement and directed the advertising agency - one of its members - "not to place this advertisement in its present form".

On April 12, Justice Mitra of the Calcutta High Court said: "...it would appear to me that an ad interim order was warranted for the protection of the business of the petitioner..."

Again on April 17, Justice Mitra noted: "The interim order which I had made on April 12, 2000, shall continue till the disposal of this application".