HC seeks ITC reply on Dabur plea against its juice campaign

The Delhi High Court today sought response of ITC on a plea by Dabur seeking that it be restrained from issuing any material on its campaign '#SayNoToConcentrate' or any other advertisement disparaging the "goodwill" of Dabur and its juices.

Justice Rajiv Sahai Endlaw listed the fresh suit along with a previous one which has also sought direction to restrain ITC from publishing and broadcasting its advertisements which allegedly belittled Pepsico India Holdings Pvt Ltd's 'Tropicana' and Dabur's 'Real' juices.

The court fixed the matter for hearing on May 9.

Senior advocate Sudhir Makkar, appearing for Dabur, contended that after the high court passed an interim order restraining ITC from publishing and broadcasting its new controversial advertisements which allegedly disparage rivals Pepsico and Dabur's juices, ITC has increased the frequency of airing its last year's ad starring a Bollywood actress, which also harms Dabur's reputation.

ITC, represented by senior advocates Abhishek M Singhvi, said that the company was complying with the court's earlier order.

Dabur said in its plea that the conduct of ITC, which is the manufacturer of B Natural juice, was grossly inequitable and fraudulent.

It sought an injunction order restraining ITC from issuing, broadcasting or publishing any material in furtherance of its campaign '#SayNoToConcentrate" or in any other manner directly or indirectly, disparaging the goodwill and reputation of Dabur and any of its products in 'fruit juices category' including through any other advertisements.

It also sought that ITC be restrained from using "the misleading caption of 'Not From Concentrates' on its product or the publicity material" during pendency of the suit.

In the suit filed by Pepsico, ITC had earlier told the high court that it has made changes to its controversial advertisements which allegedly disparaged the juice marketed and sold by its rivals, Pepsico and Dabur.

ITC had said it has dropped the words 'Tropicana' and 'Real' from its advertisements which will be seen on hoardings, in print and electronic media.

Pepsico had objected to the advertisement in which ITC stated, "Dear Tropicana and Real, come join us in making Indian juices concentrate-free. At 7 pm on 9th April. Venue: Bandstand, Bandra West, Mumbai. Yours truly, B Natural.