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C. HARI SHANKAR
Reckitt Benckiser (india) Pvt. Limited – Appellant
Versus
Wipro Enterprises (P) Limited – Respondent
JUDGMENT
I.A. 8257/2023 (Order XXXIX Rules 1 and 2 of the CPC)
1. An adorable young girl (no child should be left nameless, and so we shall call her Priya) wants to play with her mother. Priya's mother has, however, been gardening, and her hands are rough and dirty. She washes her hands with Santoor Hand Wash, a product of the defendant. Having washed her hands, she goes to play with her daughter. Priya is amazed at the softness of her mother's hands. While Priya coaxes her mother into continuing to play with her, a voice over announces: "haath itne soft ki chhodne ka mann na kare" (the hands are so soft that you do not feel like leaving them). Priya's mother lovingly caresses her daughter's cheeks. Thus far, one has viewed a warm and endearing picture of parental love and domestic bliss. It is what happens thereafter that has raised the shackles of the plaintiff and provoked him to approach this Court, bristling with ire.
2. After caressing Priya's cheeks, her mother removes, from the shelf, a plastic bottle, labelled "ordinary hand wash". The bottle bears the shape of the plaintiff's Dettol Hand Wash, and Mr. Sibal, learned Senior Counsel for the defendants, frankly acknowledges
The main legal point established in the judgment is that while comparative advertising is permissible, an advertiser cannot denigrate or disparage a rival product. The court emphasized the importance....
Commercial advertisements must promote without disparaging competitors; misleading claims are impermissible under protection afforded to commercial speech.
Advertisements can highlight a product's strengths, but not disparage competitors. Misleading claims, even when made as puffery, may be actionable.
Point of law: Under Section 3 (a) of the Drugs & Cosmetic Act, 1940 and as agreed by both parties, there can be no Chyawanprash available in the market with 42 ingredients
The use of the term 'Sadharan' in advertisements does not inherently imply disparagement if the context suggests substantial differences between competing products.
Advertisements must not disparage competitors’ products; injunctive relief granted to prevent consumer deception.
Comparative advertising must not mislead or disparage; advertisements should be truthful and not solely rely on subjective claims, particularly in assessing product efficacy.
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