Delhi HC tells HUL to scrub Domex ad clean of Harpic references
A single-judge bench reiterated its previous stand, stating that a false ad campaign could cause damage to Reckitt's reputation without affecting HUL
The Delhi High Court has weighed in on the Domex versus Harpic case, siding again with the latter in its verdict. A single-judge bench has upheld the HC's decision that Hindustan Unilever Limited's ad for Domex will be broadcast only after removing any references to rival Recikitt's Harpic.
The hearing was based on an appeal by HUL against the single judge's decision dated November 9, 2021.
Justices Vibhu Bakhru and Amit Mahajan reiterated that a false ad campaign could cause damage to Reckitt's reputation without affecting HUL. Hence, the latter is free to advertise its product without any references to Harpic.
The Domex vs Harpic ad
Back in 2021, HUL released an ad campaign for Domex featuring actresses Divyanka Tripathi (Hindi) and Revathi (Tamil), questioning rival Harpic's efficiency as a toilet cleaner brand.
Reckitt approached the High Court claiming that HUL’s advertising campaign for Domex “disparages and denigrates" its product Harpic in its latest ad. Domex claimed that it was better than Reckitt's Harpic in combating odour.
HUL on its part argued that the ad should be allowed as it depicted the "truth." The consumer goods major has been asked to comply with the order and release the ad only after removing references to its competitor.
The court held that while an advertiser can embellish the qualities of its products and its claims, it cannot claim that its competitor's products are inferior. “Thus, it is not open for an advertiser to say ‘my goods are better than X’s, because X’s are absolutely rubbish’. Puffery and Hyperbole to some extent have an element of untruthfulness,” the court said.
