NEW DELHI / MUMBAI: The Delhi High Court today declined to stay its
earlier judgement, which restrained Colgate from airing its tooth powder
advertisement on the ground that it is disparaging to ‘Dabur Lal Dant
Manjan’.
The Colgate appeal, filed on 10 September before the division bench of the
Delhi HC, came up for hearing before Justices Vijender Jain and Anil
Kumar, where its counsel Rajiv Nayyar requested the court to stay its
judgement of 9 September, 2004, agency reports stated today.
As a fallout of this court case, Indian pubcaster Doordarshan had stopped
airing Colgate’s ads on its channels. Whether other broadcasters too are
doing the same is not known.
Prasar Bharati, on Friday, had decided to stop the telecast of Colgate
toothpowder advertisement that makes a reference to ‘Lal Dantamanjan’ on
all its channels. In a circular issued by the directors (commercials),
Doordashan has also asked outside producers and agencies to keep the
decision in view and not to include the ad in its present form in their
programme.
Meanwhile, the high court also directed Dabur to file its reply against
the appeal within one week and a rejoinder, if any, by Colgate within one
week thereafter. The matter will be listed on 29 September for hearing.
Colgate also cannot air its ad till the hearing.
Dabur had filed a suit in the court seeking injunction against Colgate’s
new toothpowder TV commercial starring film star Sunil Shetty, which shows
that Lal Dant Manjan (a Dabur product) as coarser than white toothpowder
and hence more abrasive and damaging on teeth, news agencies report.
Dabur challenged the commercial, through counsel Arun Jaitley, on the
ground that it was incorrect, misleading and disparaging to the Lal Dant
Manjan category and termed it as a ”dubious” attempt on part of Colgate
to encroach on its increasing market share.