Delhi HC dismisses Colgate's petition against HUL ad

Campaign for Pepsodent Germicheck compared product with Colgate's Strong Teeth toothpaste on parameter of superior germ attack

The controversial Pepsodent Germicheck commercial by Hindustan Unilever Ltd (HUL), which compared the product with Colgate, will continue to be aired on television. The Delhi High Court, in a hearing on Wednesday, dismissed the interim injunction petition filed by Colgate-Palmolive (India) against the ad, launched on August 9.

The oral care major moved the court immediately after the ad began its run on television. HUL had launched the commercial taking advantage of the long weekend. The ad showed two kids brushing their teeth, one using Colgate, the other Pepsodent. When the children take a cavity test, the voiceover says that Pepsodent Germicheck is 130 per cent better than Colgate.

When contacted, an HUL spokesperson said the ad would continue on air in line with the original plan. “Our objective is to reach to as many consumers as possible to help them make an informed choice. We are pleased with the decision. We are awaiting a copy of the order.”

A Colgate spokesperson said, “We have received a copy of the judgment. We are examining it and will take appropriate action.”

This is not the first time when HUL has taken on competition directly. Three years ago, the country’s largest advertiser had raked up a storm comparing its detergent Rin with Procter & Gamble's Tide Natural. A voiceover said, “Tide se kahin behtar safedi de Rin. (Rin gives more whiteness than Tide).”

Procter & Gamble dragged HUL to court on the matter besides complaining to the Advertising Standards Council of India (ASCI). ASCI rules prescribe there can be no disparagement of rival brands when a company advertises a product. However, advertisers no longer fear either naming or showing rival products in their commercials. Reliance Communications recently took on Bharti Airtel and Vodafone on 3G rates, taking jibes at their taglines in print and radio spots. Six months ago, British consumer goods major Reckitt Benckiser took a leaf out of HUL’s marketing manual, comparing its new Dettol Kitchen Cleaning Gel with the latter’s Vim, the leader in the dish-washing space.

Following a court appeal against Reckitt Benckiser, HUL hit back with ads for Vim both in print and television. HUL also dragged its Lifebuoy soap into the picture saying it was better at germ protection than Dettol antiseptic liquid.