Coca-Cola and Pepsi are at it again. This time a Pepsi bottler has taken Coca-Cola India and its associates to the Monopolies & Restrictive Trade Practices Commission (MRTPC) alleging that a recent Coke promotion stating `fabulous gift with every crown' amounts to restricitve trade practices. The petitioner has beseeched the commission to initiate an enquiry. This was two days back.
Yesterday, Coca-Cola India released another series of ads in newspapers which seem to clarify the various objections which have been raised by the petitioner about the promos where buying a Coca-Cola (or Thums Up) bottle can win a person an array of prizes. The prize list includes a flat, TVS mobike, walkmans, and Honda City car.
While some industry sources pointed out that Coke was forced to make amendments in the advertisements of its recent campaigns as some persons had moved the MRTPC, others pointed out that Coke's promotions seemed to be in line with similar promotions currently being udertaken by other FMCG companies in India because of the festive season.
However, when contacted, both Pepsi and Coca-Cola refused to comment on the issue saying the matter was subjudice. But yesterday MRTPC heard the lawyers of Coke and has fixed another date of hearing.
In its petition to the MRTPC, Devyani Beverages, which happens to be a Pepsi bottler, has, pointing out various lacunae in the Coke promo/ads, requested the commission to `initiate an enquity into the unfair trade practises indulged in by the respondents as a consequence of the impugned scheme'.
The petitioner has pointed out that the terms of the scheme seem to suggest that every consumer in the country who purchases a bottle of Coca-Cola will stand an equal chance of winning prizes under the scheme. "Nothing could be further from truth..," the petition states.
The petition states impugned scheme does not give any details of the number of prizes to be won and points out there are no details of the number of Honda City cars, cameras, walkmans, airline tickets or jeans that have been offered to millions of consumers all over the country.
"In view of the fact that respondent No. 1 (Coca-Cola India) has diverse bottling units spread all over the country and servicing specific territory, there is no guarantee or assurance that the abovementioned prizes could be won by the consumers in the specific territory," the petition stated.
Pointing out that the handbill released by the respondents suggest the impugned scheme is available in select cities only, the petition says no details of the names of `select cities' have been given.
"Clearly the scheme is prejudical to public interest and is aimed at promoting the sale of their products by respondents by adopting unfair methods and deceptive practises," the petition says.
The piece de resistance is: contrary to banners proclaiming `fabulous prizes with every crown cap' the only item guaranteed is a piece of candy, Coffy Bite _- `by no stretch of imagination can be termed as a fabulous prize', the petition points out.
