Ugly side of beauty: Court denies bail to influencer in hair oil case

Flagging the ugly side of the beauty business, the Punjab and Haryana High Court has asserted that “a product must only be introduced in the market after ensuring its safety and determining possible side-effects to avoid or mitigate any harm.”

The assertion came as Justice Harpreet Singh Brar took critical note of a growing trend where “internet-famous, unqualified quacks” were exploiting the common man’s insecurities under the guise of wellness and personal care.

Justice Brar also made it clear that advertising a product making tall, misleading claims – without scientific evidence or clinical testing to back it up – was required to be strictly condemned. The court added that maintaining general public health, as well as a sense of trust in the market, was the State’s duty, required to be performed with utmost sincerity.

The observations came as the court dealt with the anticipatory bail plea filed by a self-styled influencer accused of promoting and selling hair oil, claiming it could cure baldness.

Justice Brar declined to grant bail after taking note of reports that 71 people developed severe reactions following application of the oil during a public camp in Sangrur. The severity of the discomfort caused could be ascertained from the fact that they had to rush to Sangrur Civil Hospital for immediate treatment.

“The desperation to look attractive and save the receding hairline has a chokehold on men and women alike, even today. The present matter is yet another unfortunate example of internet-famous, unqualified quacks taking advantage of common man’s insecurities. One cannot overlook the role played by the so-called beauty and fitness influencers in setting unrealistic standards by creating a make-believe world,” Justice Brar asserted.

The court added that vulnerable people went to extreme lengths and risky procedures to meet these “fickle societal standards of beauty.” The constant pressure to look a certain way was often having a deleterious effect on the mental health of children and adults. “In fact, in this day and age, where social media and marketing agendas so deeply affect one’s self-esteem, we, as a society, must endeavour to promote authenticity over curated perfection,” the Bench asserted.

The court added that the public evidently was ready and willing to invest in products that were in vogue, however ineffective they might be. Citing Shakespeare, Justice Brar asserted that beauty, in spite of being fleeting and superficial in nature, had beguiled mankind since time immemorial. Even in the 16th-century play, A Midsummer Night’s Dream, the character Helena laments on how virtue must supersede appearances. To communicate the same, playwright William Shakespeare, in his unique style, wrote – “Love looks not with the eyes, but with the mind; and therefore is winged Cupid painted blind.” Declining the plea, Justice Brar asserted that the court did not find it apposite to grant the concession of anticipatory bail to the petitioner. “Accordingly, the present petition is dismissed.”

Punjab