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Amul gets relief in ice-cream ad case against HUL

HUL had objected to two Amul ads saying they disparage rivals

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MUMBAI: Providing some relief to Gujarat Co-operative Milk Marketing Federation (GCMMF)-run Amul the Bombay High Court has allowed it to run its two TVCs, which were objected to by Hindustan Unilever Ltd (HUL), but only after deleting portions disparaging rivals like Kwality Wall’s.

In the said judgment that ran into 87 pages, Justice Kathawalla had noted that in 2012-13, Amul started a campaign by distributing pamphlets stating the difference between a frozen dessert and ice cream. These pamphlets state: “Usse real milk wala Amul ice cream khilayein, Vanaspati tel wala nahi”. While frozen desserts contain vegetable oil, ice creams contain dairy fat.

A division bench headed by Justice BR Gavai and Justice RI Chagla took the decision on an earlier appeal filed by GCMMF against the past judgment of a single bench of Justice SJ Kathawalla restricting Amul from broadcasting the two TV ads showing vanaspati (vegetable oil) flowing in a cup with frozen dessert written on it. The said campaign was launched in March last year and emphasised the difference between ice-creams (made from milk fat) and frozen desserts (made from vegetable oil).  HUL objected to the ads stating Vanaspati is not used in the manufacture of frozen desserts by Kwality Wall’s, instead, edible vegetable oil is used.

However, the court also found that there was no need to restrain Amul from broadcasting both TVCs entirely - “We are of the view that such a blanket injunction could not have been granted by the learned single judge. A perusal of the advertisement would reveal that entire TVC cannot be said to be of objectionable nature.”

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