Bombay HC restrains soap firm's ads against HUL brands

The Bombay high court on Mondayrestrained Sebamed soap manufacturing firm USV frombroadcasting or printing its advertisements which allegedlydisparage HUL's popular brands Lux, Dove and Pears.

A single bench of Justice BP Colabawalla passed anex-parte interim order without hearing USV after HUL moved aplea citing extreme urgency.

The HC restrained USV's advertisement till January 14,the next date of hearing, and directed it to file its reply bythen.

HUL moved an urgent plea on Monday claiming USV wasrunning an ad campaign promoting Sebamed soap and slanderingHUL's popular soap brands by claiming the latter had high pHbalance and were, thus, harmful for one's skin.

As per the ads, while Sebamed soaps have a Ph level ofa little over 5, HUL's soaps have a pH level of 9-10, which isclose to the pH levels of detergent soaps.

HUL claimed the ads indulged in ''specific targeting ofLux, Dove, Pears and Run brands,'' and constituted ''wrongful,misleading and malicious marketing tactics'', which weredisparaging and denigrating HUL's products.

Justice Colabawalla said comparative advertisementspermitted one to claim that one's product was better than theother's, or that it was even the best, such ads cannot bedisparaging.

''Prima facie, in my view, the manner, storyline,intent and message soughtto be conveyed by the impugnedcampaign not only shows that the defendant's (USV) product isbetter but also ridicules / derogates theproducts of theplaintiffs (HUL),'' HC said while passing the injunction order.

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