HC restrains Zydus from airing its Complan ad, says it disparages Horlicks

The Delhi High Court on Thursday restrained Indian healthcare company Zydus Wellness from airing its commercial comparing its health drink 'Complan' with Horlicks, saying the advertisement disparaged the rivals product.

The television commercial (TVC) in dispute claimed that one cup of Complan was equivalent to two cups of Horlicks.

Justice Mukta Gupta said Horlicks has made out a prima facie case for grant of interim injunction against the television commercial as there was no voice-over with regard to the disclaimer in reference to serve size of Complan and Horlicks nor sufficient time to read it.

The high court said a viewer sees only a six second advertisement which compares one cup of Complan with two cups of Horlicks without indicating the serve size of both.

The judge said in such a situation anyone who views the commercial in its current form would be misled and Horlicks would "suffer an irreparable loss".

The high court restrained Zydus from airing the commercial in its current form till the lawsuit filed by the Horlicks, seeking permanent injunction on the advertisement, is disposed of.

During the hearing, Zydus had contended that the intent and effect of the advertisement was to educate consumers that protein content in cup of Complan, as per recommend serve size of 33 grams, was equal to two cups of Horlicks, as per serve size of 27 grams provided in the latter's package.

It contended that the advertisement was, therefore, "neither misleading nor disparaging nor defamatory" and was factually correct.

Horlicks contended that the television commercial denigrated its health drink.