SC notice to GSK Consumer on Heinz India's plea

The Supreme Court today issued a notice to Glaxo Smithkline Consumer Healthcare in a case relating to the advertising war between two popular health drink brands Horlicks and Complan in India.

The response was sought from Glaxo Smithkline (GSK), the producer of Horlicks, on a petition filed by Heinz India which sells Complan food brand.

However, the apex court refused to stay the proceedings, before the Delhi High Court, in a suit filed by GSK against Heinz over an allegedly disparaging advertisment.

A Bench headed by Justice G S Singhvi issued a notice to GSK on Heinz India's plea against telecast of an advertisement which allegedly slandered Horlicks commercial that compared its Complan with Horlicks.

Heinz India said that it was compelled to issue the commercial in response to the advertisement issued by Horlicks that showed its product Complan as overpriced and inferior to Horlicks.

Senior counsel Soli Sorabjee and Anuradha Salgotra, appearing for Heinz, said the advertisement issued by GSK was clearly intended to specifically target Heinz's consumers to switch to Horlicks by projecting that Complan only made a child 'taller' whereas Horlicks at a lower price made children 'taller, stronger and sharper'.

They said that they had explained to the Delhi High Court the ingredients used in both Complan and Horlicks and also the "false" campaign by GSK that Complan was priced higher.