P & G Moves Mrtpc Over Lever Shampoo Ad

Procter & Gamble has moved the Monopolies and Restrictive Trade Practices Commission (MRTPC) against Hind Levers ad for Ceramides Sunsilk shampoo launched last December.

Lever, however, has pre-empted P&G by filing a caveat at least one month back, thereby preventing MRTPC from issuing an ex parte interim injunction. The case was filed under section 36(1)(i) of the MRTP Act of 1969 on February 12 by Procter & Gamble. It is yet to be listed for hearing.

In the petition, P&G has charged that the advertisement, besides causing loss to it, also constitutes "restrictive and unfair trade practice". Ceramides Sunsilk was launched as a reaction to P&G's launch of Pantene Pro-V extra treatment shampoo. Sunsilk, launched just a day or two later, had the same colour as P&G's Pantene.

 

Procter & Gamble has alleged that the Ceramides Sunsilk print advertisement, television commercial and the shampoo's packaging material makes "blatantly false and misleading claims" about the attributes of the shampoo, which is "likely to mislead and deceive the traders and consumers and cause them grave and irreparable harm, loss and prejudice".

P&G's complaint gives a new twist to the spat between the two multinational giants in the last 10 days. Last week, P&G had asked Lever to withdraw its ad for International Surf Excel, the compact detergent, on the grounds it was misleading and confusing. Lever refused to withdraw the ad and claimed its product was technologically superior.

P&G has alleged that the print adof Ceramides Sunsilk makes misleading and exaggerated claims like "Ceramides Sunsilk rebuilds damaged hair back to life, ....puts back the natural ceramides that hair loses to rebuild hair structure". P&G has challenged Lever's claim that the Elida Hair Institute of Paris had endorsed the product's properties. The Institute has given no such certificate, says P&G.

Over the last few decades, research has given shampoos the ability to remove dirt and make it shine. "But they cannot affect hair growth cycle nor can they rebuild damaged hair," says P&G.

It has also been pointed out that while HLL is a market leader in the branded shampoo segment and holds more than 50 per cent of the market, P&G holds 10 per cent of the volume and is a competitor to HLL.