Colgate alleged that the TV ad had given inaccurate data regarding the comparative effects of the two brands

New Delhi : Accepting toothpaste manufacturer Colgate Palmolive’s plea, the Delhi High court has directed its rival Pepsodent Germicheck to withdraw its print advertisement, saying the same appears to be “prima facie disparaging” of the Colgate brand. 

The court, however, said Pepsodent’s TV advertisement is not disparaging but the voice over on it is “misleading and inaccurate” and asked Hindustan Unilever Limited (HUL) to modify Pepsodent’s TV commercial. The court accepted the argument that the print advertisement was disparaging, noting that the ad “not only conveys an impression that use of Colgate would not be as effective as Pepsodent but also conveys an impression that use of Colgate ST instead of Pepsodent GSP would result in causing harm and discomfort to its consumers.”
The court, however, refrained from making any judgment on whether the claim made by the advertisement was correct and has sent the case back to the single judge-bench of the High Court to look into the issue of whether the ad is accurate and truthful. The court noted that the entire basis of the claim of superiority by Pepsodent is based on the concentration of triclosan in dental plaque after four hours of brushing.

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