Unfair ads & skin whitening creams

Pushpa Girimaji

I am a victim of deep-rooted colour prejudices in our society, reinforced by all those fairness creams. My parents’ efforts to get me married through several marriage bureaus failed because of my dark skin. I read somewhere that the government is bringing a law to stop advertisements of ‘skin whitening creams’. Is this true?

In February this year, the Ministry of Health and Family Welfare put out for public comments, comprehensive amendments to the Drugs and Magic Remedies (Objectionable Advertisements) Act. If the proposed amendments are passed by Parliament, then they can certainly put a stop to advertisements of all fairness creams that have for long equated beauty with fair skin and brainwashed consumers. With celebrities endorsing their products, they instilled in people that in order to be successful, you need to be beautiful and you are only beautiful if you are fair!

The proposed law basically plugs three main lacunae in the original Act. (1) It changes the definition of advertisement to include all media—old and new. So unlike the original law, it covers advertisements in electronic media, internet and websites, so that no media escapes the purview of the law. This is very important because today you can see advertisements of these fairness creams on various electronic media. (2) Equally important, the definition of advertisement in the proposed law also covers endorsement. So, celebrity endorses who have, for long, unabashedly peddled these fairness creams, unmindful of the effect of such advertisements on the psyche of the people, will become liable for such endorsements.

(3) It enhances the punishment for contravention—in case of first conviction, the penalty may extend to a fine of Rs10 lakh and imprisonment of two years and in case of a subsequent conviction, fine up to Rs50 lakh and imprisonment up to five years.

(4) This law prohibits misleading advertisements pertaining to drugs, but more importantly, it prohibits advertisement of drugs meant for the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the Schedule of the law or specified in the rules. While at present, the Schedule mentions 54 different diseases, the proposed amendment enhances the number to 78. And if you see number 19 in the list, it refers to “Fairness of the skin”. So advertisement or promotion of any product that is meant for fairness of the skin will be prohibited with the amendment to the law.

Because of Covid-19, we do not know when Parliament will meet again, so it would be a good idea if the government were to bring in the amendment bill as an ordinance. The amendment would go a long way in putting an end to the colour prejudices perpetrated by fairness creams. Side by side, the government should also launch campaigns to change the mindset of the people vis-à-vis skin colour.

My second question is, can I file a complaint against all those companies that have been depicting white skin as beautiful, holding them responsible for my not getting a suitable match? I have letters from prospective bridegrooms’ families saying that they liked me, but would prefer someone with a fair/wheatish complexion.

I would encourage you to do it — whether you win or not, the case will certainly bring into the limelight the adverse effects of film stars endorsing these fairness creams and perpetuating colour prejudices in the community. It could also start a much-needed movement against all those actors who are endorsing these fairness products, unmindful of its effect on the community. Consumers should demand that they make amends by putting whatever money they earned from such endorsements into advertisement campaigns that would undo the damage caused by fairness cream ads.

Monopolies and Restrictive Trade Practices Commission, which used to look at unfair trade practices, including false and misleading advertisements, often looked at whether an advertisement or a trade practice was prejudicial to the interests of consumers or public at large. The advertisements of these fairness creams certainly come under that category.

In order to show a co-relation between these advertisements and your terrible experiences, you need to look at studies, if any, showing how these advertisements have influenced communities into thinking that fair is beautiful. A number of women’s organisations have taken up cudgels against these products and their advertisements and you should seek their help in pursuing your case.

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