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Hindustan Lever Limited

V.
Colgate Palmolive Limited
BY –
GROUP D14
 Contents
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 Comparative Advertising and disparaging

 Case Snapshot
 Judgement by the Commission
 Misrepresenting quality
 Battle of advertisements
Comparative Advertising and 3
disparaging
Consumer Protection Act, Section 2(r)(1):
The practice of making any statement, whether orally or in writing or
by visible representation which..
(x) Gives false or misleading facts disparaging the goods,
services or trade of another person

Unfair trade
practice = Product is
identifiable + False and
misleading facts
 Case Snapshot
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Plaintiff: Defendant:
Hindustan Level Limited Colgate Palmolive Limited

Court
MRTP Commission
 Case Snapshot
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 Colgate Dental Cream – Double Protection advertisement

claimed that the toothpaste was 2.5 times superior to any
ordinary toothpaste
 HLL moved MRTP commission claiming :
“Ordinary Toothpaste” All brands other than Colgate
 Alleged that it is a case of unfair trade practice
(disparagement of various brands of HLL)
 Judgement by the Commission
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 Disparagement can happen only by

comparing with some identifiable
product
 Ordinary – Contradistinction from
special, uncommon, unusual,
extraordinary and like synonyms
 Ordinary (as an adjective) would not
refer to any particular special item,
product or thing
 Therefore, advertisement by Colgate was
not a case of disparagement
 Misrepresenting quality
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 Disparagement is not the only ground for advertisement to

be an unfair trade practice
 MRTP Act, Section 36A(1)(a):
 “unfair trade practice” means a trade practice which, for the purpose of
promoting the sale, use or supply of any good or for the provision of any
services, adopts any unfair method or unfair or deceptive practice
including any of the following practices, namely:
(1) the practice of making any statement, whether orally or in writing or
by visible representation which,—
(i) falsely represents that the goods are of a particular standard,
quality, quantity, grade, composition, style or mode
 Misrepresenting quality
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 Claim that toothpaste is 2.5 times superior was

misleading as there is nothing called as ordinary
toothpaste
 Commission ordered the advertisement to be stopped
 No claim for damages as there was no disparagement
and hence no identifiable loss to any particular party
 Battle of advertisements
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Consumer
MRTP Act
Protection Act
Remedy available to trader Only consumer or
for disparagement of its consumer forum can
goods by rival trader approach the commission
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Thank You