News UpdatesNo Hair Growth As Promised In Advertisement : Consumer Court Penalizes Brand Ambassador For False Claim LIVELAW NEWS NETWORK4 Jan 2021 9:51 AMShare This – xAnoop Menon admitted before the forum that he has never used the Dhathri product and that he has only used the hair oil prepared by his mother.In an interesting order, a consumer court in Kerala has held a film actor liable for making false claims endorsing a hair cream product without ascertaining its effectiveness.The District Consumer Redressal Forum, Thrissur, ordered the manufacturers of ‘Dhathri Hair Cream’ and film actor Anoop Menon, the celebrity who endorsed the product in an advertisement, to pay compensation of…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginIn an interesting order, a consumer court in Kerala has held a film actor liable for making false claims endorsing a hair cream product without ascertaining its effectiveness.The District Consumer Redressal Forum, Thrissur, ordered the manufacturers of ‘Dhathri Hair Cream’ and film actor Anoop Menon, the celebrity who endorsed the product in an advertisement, to pay compensation of Rs 10,000 each to a consumer for making “false promises”.The order was passed on a consumer complaint filed by Mr. Francis Vadakkan against A-One Medicals, Dhatri Ayurveda Private Ltd and Anoop Menon. The complainant, represented by Advocate AD Benny, told the forum that he had bought the cream for the first time in January 2012 for Rs 376 after seeing the advertisement in which Anoop Menon promised that the use of the product for six weeks will assure lush hair growth.Though he used the cream, no improvement happened. He complained that he was ridiculed by his friends and family for purchasing the product. Feeling humiliated, he approached the forum for Rs 5 lakh compensation alleging ‘deficiency in service’ by the opposite parties.Anoop Menon, in his deposition before the forum, admitted that he has never used the product and that he has only used the hair oil prepared by his mother.”I have never used the mentioned product. I only use the hair oil my mother makes for me”, he told during the cross-examination. He also said that he was not aware of what was told during the advertisement as it was the ‘story’ of the manufacturers. He added that he thought the product was meant for hair care and not for hair growth.It is thus clear that the brand ambassador appeared in the advertisement without even using the product, the forum noted in the order. It was also observed by the court that the manufacturer could not deliver the result of the product as claimed by him.”Hair growth is guaranteed. Just within six weeks, the result will be threefold”- the forum referred to the statements said by Anoop Menon in the advertisement.The Court also observed that the precautions mentioned in the brochure along with the product are printed in such a way that it is not even visible even when looked at with the help of a magnifying glass.”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 forum said.Liability For Misleading Advertisements, Celebrity Endorsements : Key Features Of Consumer Protection Bill Passed By Parliament [Read Bill]Criticism against advertisementsThe forum also made sharp critical remarks against the trend of using attractive advertisements to entice gullible consumers to purchase sub-standard products.”If there were no advertisements, the prices of products will be halved. Thus, the consumer would have been able to save that much amount. Basically, advertisements are a trick to cause a consumerist desire in people. A clever tactic to make people buy useless products”, the forum said.The forum also had some words for the media. It observed that media and newspapers have forgotten their journalistic duties to become only publishers of advertisements.”Advertisements should help the growth of an informed consumer culture enabling the consumer to make the right choices by rejecting bogus products”, the forum added. Looking at all the evidence, the President C T Sabu and members Dr. K Radhakrishnan Nair and Sreeja S of the District Forum directed Anoop Menon to indulge in future advertisments only after making sure of the product’s credibility. It also directed the actor and the company to pay a compensation of Rs.10,000 each. The court further directed A One medicals, the medical store from which the product was purchased, to pay fine of Rs 3,000. Although the complaint was allowed in September last year, the detailed judgment with reasons and findings was released only last week, on December 29, 2020.Though the complaint was filed when the Consumer Protection Act had no express provision for fixing liability on celebrity endorsers, that did not deter the court from finding the brand ambassador liable.The recently passed Consumer Protection Act, 2019, which wholly replaces the 1986 Act, has specific and express provisions to fix liability on celebrity endorsers.Click here to read/download the order(in Malayalam)Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
Brooklyn Comes Alive recently announced its massive artist lineup, with over 100 artists slated to perform 35+ sets across two days in the heart of Williamsburg, Brooklyn. This year, the event is expanding to two days, September 23rd and 24th, and will take over three of Brooklyn’s premier venues, all within a 10-minute walking radius. Fans’ imaginations have been running wild dreaming up what band lineups may be formed from the extensive roster of musicians. The guessing game is always one of the most fun parts of the Brooklyn Comes Alive experience, but today, we’re ready to roll out some more surprises.Following the previous announcements of The Road Goes On Forever: Celebrating The Music Of The Allman Brothers Band, A Tribute To Jamiroquai, Eric Krasno & Friends, moe.queous, a tribute to Green Day’s Dookie, and Rooster Conspiracy, Brooklyn Comes Alive has announced that The New Mastersounds’ Eddie Roberts and Soulive’s Alan Evans will debut their new band, Matador! Soul Sounds, at this year’s event in the fall.As the bandleader and guitarist for The New Mastersounds, Eddie Roberts has built a worldwide brand for himself and his band and is now considered one of the standout modern jazz and funk guitarists of today. This latest band, Matador! Soul Sounds, first came about when Roberts tapped the renowned funk and soul drummer, Alan Evans—best known as the drummer, producer, and bandleader of Soulive—for a New Mastersounds gig in early 2016. The two hit it off immediately, with both of them recognizing the rarity and depth of their shared musical connection.After Evans’ stint with The New Mastersounds, the drummer and guitarist devised a plan to continue to play together. The culmination of this plan is Matador! Soul Sounds—a band loosely based on the concept of Spanish bullfighting. A common misconception in America is that bullfighting is a feat of one man versus one bull—in reality, bullfighting is largely a team effort by a matador and his cuadrilla (“entourage”), which is composed of picadores (“lancers on horseback”), a mozo de espadas (“sword page”), and banderilleros, who along with the matadors are collectively known as toreros (“bullfighters”).In Matador! Soul Sounds, the duo of Roberts and Evans assume the role of matadors, and they have carefully chosen the rest of their fierce cuadrilla. Each known for their skill and their grit, keyboardist Chris Spies and bassist Kevin Scott have been chosen to take on the role of the matadors’ right-hand men as the band’s “banderilleros.” Adding a feminine energy to the band are Ms. Adryon de León (Orgone) and Kimberly Dawson (Pimps of Joytime), who have been chosen to round out the line-up on vocals.Evans notes, “We can’t wait to get out there and play with this band. It’s a dream team really.” Eddie Roberts riffs off this idea, saying, “Matador is going to make a whole lot of new friends quick, the band is as tight as any I’ve ever been around. The one two punch of Kim and Adryon on vocals is just gonna knock folks out.”The band makes their official world debut at Live For Live Music’s Brooklyn Comes Alive this fall. Make sure to catch them at the festival, and keep an eye out for their debut single, “Get Ready,” which is due out on the same day via all streaming services and a limited edition A side/B side 7-inch pressing. The 2017 Brooklyn Comes Alive lineup features members of Umphrey’s McGee, moe., The Disco Biscuits, The String Cheese Incident, Trey Anastasio Band, and so many more. Iconic legends, such as John Scofield, George Porter Jr., Cyril Neville, DJ Premier, Johnny Vidacovich, and Henry Butler, will join members of nationally touring bands, such as GRAMMY-winners Snarky Puppy, The Meters, Primus, Soulive, Lettuce, The Motet, Lotus, Railroad Earth, The Infamous Stringdusters,Yonder Mountain String Band, The Russ Liquid Test, SunSquabi, Pendulum, Destroid, The Crystal Method, Midnight North, Aqueous, Kung Fu, Electric Beethoven, and more. Check out the full lineup of artists below, and stay tuned for upcoming announcements about bands, supergroup formations, and special tribute sets.***Tickets Are On Sale Now!***Each ticket grants attendees in-and-out access to all three venues, creating the feeling of an indoor music festival all within the heart of Williamsburg. In true Brooklyn Comes Alive-fashion, a brunch set will kick off the music each day, and performances will continue into the early hours of the morning with special late-night performances.To find out more about ticketing, VIP options, and lodging, head to the festival website.
please call 812-614-4912 if found
Valencia has five goals to his name since moving to Upton Park last summer and has reportedly attracted attention from the likes of Chelsea having impressed in his maiden season in England. But, with Cole and Carroll also sidelined, Allardyce’s attacking options consist of top goalscorer Diafra Sakho and recent arrival Nene. Nene did not travel with his team-mates and nor did Alex Song,who stayed behind whilst the squad travelled to Dubai to work on his own fitness and overcome a slight knee complaint. But for those who did make the trip, Allardyce is hoping it pays dividends after seeing the Hammers win just once in their last 11 league outings. “Everyone enjoyed the break,” he said. “The lads enjoyed the quality of the training sessions and what Dubai has to offer. I think a little bit of rest, both mentally and physically, will help us to win more games in the last 10 games of the season. Obviously we’re all looking forward to the games and picking up as many points as possible “I’ve done it every season for 13, 14 seasons. The research by the LMA shows the benefits of having a break and the evidence shows the risk of injuries decreases.” Sam Allardyce has confirmed Enner Valencia is a doubt for Saturday’s London derby against Arsenal after cutting his toe on a broken mug. With the Hammers free of FA Cup commitments having slipped to a 4-0 fourth-round exit at the hands of West Brom, Allardyce took his side off to Dubai for some warm-weather training. Although the 60-year-old believes the trip could see an upturn in form for West Ham, the toe injury suffered by Valencia upon their return will be seen as another setback. Valencia required emergency hospital treatment with the club confirming he had suffered a “deep laceration” after stepping on a piece of broken porcelain having dropped a teacup on the floor. It is the latest injury blow for Allardyce, who is already without fellow forwards Andy Carroll and Carlton Cole, with Winston Reid also missing for the trip to Arsenal. “Enner has had an accident at home and has cut his big toe quite severely on a broken cup,” Allardyce said. “We’re not exactly certain but we think it will be too soon for him be considered for the game at Arsenal on Saturday. “It was a freak accident at a time when we could have done without it due to our lack of available strikers.” The Hammers confirmed the nature of the accident with a short statement on their website, which read: “Enner Valencia sustained a deep laceration of his big toe on Tuesday evening in an accident at his home. “The number 31 trod on a piece of teacup, which he had dropped, and the resulting wound required emergency hospital treatment to clean and stitch the wound. “The forward was joined at hospital by West Ham United medical staff, who oversaw the surgery required.” Press Association