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Business News›Industry›Cons. Products›FMCG›Delhi HC directs Beco to pull down ad campaign against HUL's Surf Excel, Vim

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Delhi HC directs Beco to pull down ad campaign against HUL's Surf Excel, Vim
Synopsis

The Delhi High Court has directed Beco to halt its advertising campaign targeting the products Surf Excel and Vim from Hindustan Unilever Limited. The court ruled that Beco's ads not only compared but also disparaged these products. Hindustan Unilever claimed Beco's ingredient assertions were misleading, while Beco defended itself by emphasizing its right to fair comparison between competing brands.

ANI

New Delhi: The Delhi High Court on Thursday directed Beco to pull down and recall its advertisements pursuant to the eco-friendly consumer goods brand's "#WarOnWhatsHidden" campaign targeting Hindustan Unilever Limited (HUL)'s Surf Excel and Vim products.



Justice Anup J Bhambhani said the "unmistakable overall message" that an average consumer would get from Beco's advertisements was that using the plaintiff's products would cause skin irritation, itching, or even eczema due to the presence of certain chemical ingredients, which was prima facie beyond the permissible contours of comparative advertising.



The court passed its interim order on HUL's lawsuit against the campaign by Kwick Living (I) Private Limited, which markets its products under the Beco brand.

"The overall result of these representations contained in the impugned campaign, when perceived together and holistically, is not mere comparative advertising which eulogises the defendant's products as being superior to those of the plaintiff, but denigrates the plaintiff's products purportedly couched in verified scientific basis," the order said.



"Accordingly, the defendant is directed to forthwith pull down, remove, and recall all advertisements that are subject-matter of the present proceedings, in any form or format or medium, which contain the offending statements referred to above in this judgment, within 01 week from today; and file an affidavit of compliance within 01 week thereafter," it directed.




HUL argued that Beco's advertisement campaign was false and misleading, since none of the ingredients referred to in the advertisements, i.e. Benzisothiazolinone (BIT) or Linear Alkylbenzene Sulfonate (LAS), were likely to cause any harm to a consumer considering the proportion in which they are used.

Beco defended its campaign and argued that a trader was permitted to compare his goods with a rival's while using the latter's mark and packaging to the extent necessary to identify what is being compared.

HUL welcomed the high court's verdict and said it was firmly committed to ensuring that all its products were formulated, manufactured and safety-assessed in accordance with applicable regulatory requirements and rigorous global safety standards.



"At HUL, we believe that consumer trust is built on responsible advertising. Fair competition must be rooted in truthful communication and respect for intellectual property and the reputation of competing brands," the company said in a press release.

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