Mrtpc Order On Colgate Ad Stayed
The Supreme Court yesterday virtually stayed an interim order of the Monopolies and Restrictive Trade Practices Commission restraining Colgate Palmolive from using suraksha chakra in advertisements promoting its toothpaste.
Hindustan Lever had moved the commission against Colgate advertisements arguing that the claims of Colgate were misleading and an unfair trade practice. The commission had asked Colgate to stop the suraksha chakra part of the ad. Colgate moved the Supreme Court against this order.
The company argued before a bench presided over by Chief Justice M M Punchhi that this suraksha chakra (ring of protection) was part of its campaign for 13 years.
No consumer has complained against it. It was Hindustan Lever which had complained to the commission.
Even in the Hindustan Lever complaint, there is nothing against the suraksha chakra and it did not figure in the arguments before the commission, counsel for Colgate argued.
However, the interim order of the commission barred the suraksha chakra part of the ads.
Colgate argued that this was a counter attack for its complaint filed before the commission against Hindustan Levers campaign claiming that its Pepsodent was 102 per cent better than any other brand.
The 102 per cent ad denigrated Colgate and therefore the commission was moved, counsel said.
Hindustan Lever, on the other hand, argued that there was a US court decision which had asked Colgate to stop ad campaigns of a particular manner and Colgate had agreed to abide by it all over the world. The controversial advertisement was in violation of that undertaking.
While admitting the appeal of Colgate, the judges posted the case for full hearing in July. The commissions ban on the suraksha chakra ad was to take effect from Friday.
With the stay obtained from the Supreme Court, the campaign can go uninterrupted.