The Delhi High Court Wednesday restrained Hindustan Lever from airing its Lifebouy soap ads which allegedly disparaged Reckitt Benckiser's Dettol antiseptic liquid.
Justice Rajiv Sahai Endlaw granted the interim relief to Reckitt, saying that the advertisements in question had a "hint of malice" in the manner it dissuades people from using antiseptic liquid.
The court said the ads in question were prima facie disparaging and if no interim relief was granted irreparable loss and injury would be caused to Reckitt.
The court also noted that while the disparaging ads had not been aired since December 2018, Hindustan Lever was not willing to make a statement that it would not air them till Reckitt Benckiser's main plea was decided.
Hindustan Lever was also not willing to give reasonable notice to Reckitt before airing the disputed ads, the court noted in its order.
It also noted that when the Calcutta High Court had restrained Hindustan Lever from airing its ads disparaging Dettol antiseptic liquid, that prohibition would operate across the nation and not just in that state as the advertisements are shown on television channels having national coverage.
Therefore, the company cannot act in contravention of the Calcutta HC order in Delhi, the court said.
Reckitt, in its plea opposing broadcasting of the ads, has contended that the Lifebouy advertisements try to dissuade customers from using Dettol antiseptic liquid and "unfairly" compares it, a drug, with a cosmetic, the soap.
Reckitt has claimed that it has always maintained that the antiseptic liquid was a supplement to a bath soap and not a substitute.
However, Hindustan Lever was claiming that its Lifebouy soap was a substitute for Dettol antiseptic liquid, Reckitt has claimed in its plea.
While granting the interim relief to Reckitt Benckiser, the court listed the main matter for hearing on June 16.
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