The Supreme Court of India has upheld Kolkata-based consumer goods firm Emami's objections against Moov balm maker Reckitt Benckiser's advertisement for disparaging Emami's Zandu balm.
The case dates back to 2014 when RB aired an ad showing that its product was twice more effective than Emami's Zandu balm. The ad also claimed that Moov contained twice the number of active ingredients when compared to Zandu balm and hence was twice as effective and stronger.
"Reckitt Benckiser has been restrained by the Supreme Court from airing the advertisement of Moov pain ointment, thus holding up Emami's objection to the false claim about product superiority being made by Reckitt," Emami said in a statement on Wednesday.
Emami Limited had challenged the product superiority claim by Reckitt at the Alipore District Court in Kolkata for infringement and disparagement. The Kolkata court issued an order of judicial injunction restraining the defendant from airing the advertisement concerned for the brand Moov with the frames showing Zandu balm.
Challenging the lower court order, Reckitt Benckiser had moved to the Calcutta High Court and filed an appeal against the injunction.
However, confirming the stand taken by the plaintiff Emami Limited, the High Court upheld the injunction order passed by the lower court in view of the defendant failing to produce any relevant records and reports before the judiciary to support its claim that Moov was twice as effective as Zandu.
Reckitt then took the case to the Supreme Court, challenging the Kolkata High Court’s Order. On 8th February, 2016, the appeal was listed for final disposal in front of the Supreme Court in which the said injunction has again been upheld, dismissing the appeal of Reckitt Benckiser. The court found there was no ground for interference on the concurrent finding of the lower courts.
Reckitt has been finally restrained by the Supreme Court from airing the impugned advertisement of Moov pain ointment thus holding up Emami's objection to the claim about product superiority being made by Reckitt.
