MAM

Telecast of Amul's misleading frozen dessert ad suspended

http://www.indiantelevision.com/sites/default/files/styles/smartcrop_800x800/public?itok=O0F3fnj4

MUMBAI: The Bombay High Court has directed popular FMCG brand Amul to suspend the telecast of the television commercial that showed frozen desserts in a negative light. The court has found the advertisement to be disparaging to HUL's Kwality Walls brand having a market share of around 51 per cent.

Hindustan Unilever Ltd (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). Kwality, in its plaint, however, averred that its frozen desserts do not contain vanaspati, and are made using vegetable fat.

In March 2017, HUL had filed a suit before the Bombay High Court claiming that the Gujarat Co-operative Milk Marketing Federation, which takes care of Amul?s marketing was spreading malicious information about its Kwality products. The court yesterday held that the ad showing the difference between frozen desserts and ice-cream amounted to slander.

The court, in its order, stated that Amul has been restrained from broadcasting, telecasting or otherwise howsoever communicating to the public or publishing two television commercials or any part or any other advertisement of a similar nature, denigrating or disparaging Kwality products, including frozen desserts.

HUL has also charged that the Amul TVC designed to mislead the public into believing that an entire class of products are frozen desserts, and are, therefore, unfit for consumption. According to HUL, a majority of Kwality products sold in India are classified as frozen desserts under the Food and Safety Standards Act, 2006.

While deciding the issue, Justice SJ Kathawalla delved into the difference between ice-cream and frozen desserts as per Regulation 2.1.7 of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011. As per the Regulations, the distinguishing factor between the two is that ice creams must contain over 10% milk fat, whereas frozen desserts must contain over 10% total fat (i.e. milk fat and/or edible vegetable oil).

The law also distinguishes between edible vegetable oil, which the plaintiffs use in their products and hydrogenated vegetable oil, commonly referred to as Vanaspati. After seeing the ad, the court held, ?The Defendants have therefore made a false representation to the consumers and also indulged in a negative campaign that no frozen dessert is pure, and only Amul ice cream is pure, as all frozen desserts contain Vanaspati, and are therefore inferior.?

The court also said that the disclaimer of the ad clarifying that ?vanaspati? refers to ?vegetable oil? was misleading. Moreover, the defendants had issued another ad replacing ?vanaspati? with ?vanaspati Tel? in the voiceover, which the court said made no difference whatsoever.

The defendants claimed that their TVCs were part of a campaign to educate the consumers about the difference, and were not targeted at denigrating the plaintiff?s products. Justice Kathawalla said: ?Any campaign to educate the members of the public by placing before them the true and correct facts/ingredients used in a product should always be welcomed. However, no manufacturer can place misleading information before the consumers qua the product of his rivals, and thereby disparage/discredit/belittle such product including influencing the consumer not to buy the same in the garb of educating and/or bringing the correct facts before the members of the public??

Latest Reads

http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/11/14/isobar.jpg?itok=f-1TWl1m
Isobar launches Sri Lanka Operations

Isobar, the digital agency from Dentsu Aegis Network, has expanded its operations to Sri Lanka.

MAM Media and Advertising Digital Agencies
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/11/14/sbi.jpg?itok=9bzsYWvl
SBI Life Insurance extends ‘Main se Hum’ brand campaign on ground

SBI Life Insurance, a private life insurance company in India, has collaborated with advertising startup, CupShup, known for its popular technique of converting tea and coffee cups into a platform for brands.

MAM Media and Advertising Ad Campaigns
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/11/14/OTIS.jpg?itok=4zZqxqMr
Otis India Elevates World’s Tallest Statue - Statue of Unity

Otis India is providing the vertical transport solutions for The Statue of Unity, named the world’s tallest statue standing at a height of 182 meters, spread over 20,000 square meters.

MAM Marketing MAM
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/11/14/aegon.jpg?itok=QUh4cWT0
Aegon Life’s new campaign takes tension away from life

Aegon Life, India’s leading digital life insurance company, launches their #NoTension campaign.

MAM Media and Advertising Ad Campaigns
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/11/14/maxiss.jpg?itok=ypQyA066
Maxxis Tyres launches campaign #TyohaarKaHumsafar

Maxxis Tyres, a sub-company of Maxxis Group, a growing tyre companies, released its latest digital campaign to capture the mood of this festive season.

MAM Media and Advertising Ad Campaigns
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/11/14/priyanka.jpg?itok=pwUzL3Xc
Facebook and Priyanka Chopra come together to talk #SocialForGood

Facebook India and Priyanka Chopra are coming together to introduce the first-of-its-kind Live-athon called - #SocialForGood.

MAM Marketing MAM
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/11/14/brand.jpg?itok=Fpqx0KcL
HIL Ltd. Launches new TVC campaign for its green building brand Birla Aerocon

Birla Aerocon, the green building solution brand from the house of HIL Ltd.

MAM Marketing Brands
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/11/14/ogilvy.jpg?itok=cWv5R2bT
Chumbak launches first brand campaign with Ogilvy

Chumbak, a souvenir brand, has planned to come up with its first campaign with an aim to introduce the multi-faceted Chumbak and what it stands for to the consumers.

MAM Marketing Brands
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/11/14/banana.jpg?itok=gN6SKHoP
India's first ever campaign to promote Banana | Keventer Banana

Initiating a new beginning in the Indian marketing space, Keventer, the largest Banana brand in India, has launched the nation’s first ever marketing campaign to promote ethylene ripened Bananas.

MAM Marketing Brands

Latest News

Load More

Sign up for our Newsletter

subscribe for latest stories