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Skin-whitening creams High court stays CCP intervention in company`s campaign

By Our Staff Reporter 2017-10-19
LAHORE: The Lahore High Court on Wednesday stayed proceedings before the Competition Commission of Pakistan (CCP) initiated on the complaints of skin-whitening creams companies against the manufacturer of a famous fairness cream `Fair & Lovely` M/s Unilever Pakistan Limited had challenged the commission`s proceedings through a writ petition.

Advocate Taffazul Haider Rizvi argued on behalf of the petitioner company that his client launched aconsumer awareness campaign after discovering that there are many `so-called` skin-whitening creams containing dangerously high content of mercury on the market.

He said the petitioner as part of its awareness campaign installed billboards on roads informing the consumers to take an informed decision with regard to so-called skin-whitening creams available in the market containing mercury which was thousand times more than the limit prescribed by the Pakistan Standard & Quality Control Authority (PSQ CA).

The lawyer said the skin creamsor cosmetics containing mercury when used, was absorbed by the skin, accumulated in the body causing damage to kidneys, liver and brain and a host of serious and potentially fatal health problems.

He said the manufacturers of fairness creams including `Golden Pearl` and `Faiza Beauty` instead of avoiding use of mercury in their products, filed complaints before some forums including the CCP.

Advocate Rizvi argued that the stance taken by the petitioner to launch the consumer awareness campaign was within the bounds of law and covered under section 68 of the Trademark Ordinance, 2001.Therefore, he said, if the respondent companies wanted to challenge the competitive marketing campaign of the petitioner, they may only do so before the Intellectual Property Tribunal constituted under the Intellectual Property Organization Act, 2012.

He asked the court to set aside the proceedings initiated before the CCP for being illegal and without jurisdiction.

However, Justice Ayesha A.

Malik stayed the impugned proceedings and issued notices to the respondents including the CCP.

Hearing was adjourned for two weeks.