Colgate Asked To Pull Out Suraksha Chakra Ads

The Monopolies and Restrictive Trade Practices Commission (MRTPC) has, in an interim order, directed Colgate to withdraw its long-standing "Suraksha Chakra" advertisement within two weeks.

The Commission passed the order on April 30 on a complaint filed by Hindustan Lever Ltd (HLL).

The order states: " It has been established that the claim of protection in terms of "Suraksha Chakra", made in respect of CDC (Colgate Dental Cream) is false and misleading and thus constitutes an unfair and restrictive trade practice which is prejudicial not only to the interest of the informant company but also to public interest and the interest of consumers at large, and unless the respondent is restrained from making this false representation, irreparable loss and injury would be caused to consumers.

 

Accordingly, it is necessary to injunct the respondents from displaying, in its hoardings, print advertisements and television commercials, the ring round the family and using the expression "Suraksha Chakra".

Hindustan Lever had stated in its complaint that CDC is making false and misleading claims that it has the capability to control germs, the ability to fight tooth decay, contains property of stopping bad breath and provides a ring of protection.

Regarding the claims of stopping bad breath and fighting tooth decay, the Monopolies and Restrictive Trade Practices Commission said, "Falsity or otherwise of these claims can be established at the time of trial. Due weight and consideration has to be given to the opinion of experts while appreciating and evaluating evidence in order to arrive at a just conclusion and this can be done at the stage of the inquiry".

A notice of inquiry has already been ordered to be issued and the director-general (Investigation & Registration) has been asked to take over the investigation .

Hindustan Lever pointed out that in November 1959, the Federal Trade Commission had banned the advertisement of CDC with Gardol for making a similar false and misleading claim of a "shield of protection". Colgate Palmolive had then withdrawn the advertisement and given an undertaking not to display the advertisement.

But the Federal Trade Commission went ahead to issue a cease and desist order to stop any likelihood of resumption of such an advertisement and unfair trade practice in some other form. HLL pointed out that CDC with Gardol and the CDC being marketed in India were the same product.