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Bombay HC restrains Amul from telecasting misleading frozen dessert ad
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Monday, 19 June, 2017, 08 : 00 AM [IST]
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Ashwani Maindola, New Delhi
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The Bombay High Court has ordered Amul to discontinue the telecast of the television commercial that showed frozen desserts negatively. The court has found the advertisement disparaging to the Kwality Walls brand of frozen desserts made by Hindustan Unilever Ltd (HUL).
HUL has filed a petition in Bombay HC against Amul, in which it alleged that the latter was spreading falsehood about frozen desserts.
The court, in its recent order, cited several previous judgments involving various brands to examine the case.
In its order, it stated that Amul has been restrained from telecasting, broadcasting or otherwise howsoever communicating to the public or publishing two television commercials or any part or any other advertisement of a similar nature, disparaging or denigrating Kwality Walls products, including frozen desserts.
HUL has submitted that the said commercial, along with its transcripts, depicted a child being discouraged from eating frozen dessert on the grounds that it contained vanaspati oil (which is adverse to health). Therefore, the commercial was misleading.
It has also alleged that the commercial patently designed to mislead the public into believing that an entire class of products are frozen desserts, and are, therefore, of poor quality and unfit for consumption.
According to HUL, majority of the Kwality Walls products sold in India are classified as frozen desserts under the Food and Safety Standards Act, 2006, and the Regulations framed thereunder.
Kwality Walls is the market leader amongst the organised players in the frozen dessert category, with a market share of about 51.3 per cent, and the products, including its frozen desserts, scrupulously meet, satisfy and comply with all requirements of the law, rules and regulations, including food safety requirements.
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