The television commercial (TVC) in dispute claimed that one cup of COMPLAN was equivalent to two cups of Horlicks. The main grievance of Horlicks with the TVC being for only six seconds and wouldn’t be able to clarify the disclaimer through the voiceover that the serving size of the recommended serving size was different. It argued that six second is too less a time for anyone to be able to notice this disclaimer on the TVC.
Zydus had argued that the intent and effect of the advertisement was to educate the consumers with respect to the protein content in one cup of COMPLAN as per the recommended serve size of 33 grams being equal to two cups of HORLICKS as per the recommended cup size 27 grams as provided in their respective packages.The TVC is neither misleading nor disparaging nor defamatory and is factually correct, it had said.
“This Court finds that on playing the TVC, there is no voiceover with regard to the disclaimer in reference to the serve size nor is the time sufficient to read the said disclaimer. In view of this fact the present advertisement in the electronic media would be clearly disparaging as on a bare looking at the advertisement a viewer only sees a comparison of one cup of COMPLAN with two cups of HORLICKS with no reference to the serve size...Claim of the defendant is that since the TVC is running since May, 2019, the balance of convenience does not lie in favour of the plaintiffs." The order passed by Justice Mukta Gupta reads.
“The said argument defies the fact that TV viewership is continuous and on daily basis and hence every new person who views the advertisement would be clearly misled. Consequently, till the disposal of the suit the defendant is restrained from advertising the impugned TVC in its present form." It further added.