HINDUSTAN LEVER LTD. versus COLGATE PALMOLIVE (I) LTD. AND ANR.

HINDUSTAN LEVER LTD. versus COLGATE PALMOLIVE (I) LTD. AND ANR.

The interim injunction granted by the Commission was a discretionary and temporary order pending final determination of rival claims regarding the veracity of '102% anti-bacterial superiority'. Both parties relied upon conflicting expert opinions, and Commission lacked its own machinery; thus, it was proper to appoint a panel of experts and restrain advertising claims till the panel's report. Relief being discretionary, no interference is warranted in appeal under Section 55 of the MRTP Act.

Parties
Appellant: Hindustan Lever Ltd.; Respondent 1 / Complainant 1: Colgate Palmolive (India) Ltd.; Respondent 2 / Complainant 2: Pallavi S. Desai
Jurisdiction
India
Judgment Date
17 December 1997
Procedural Posture
Civil Appeal / Appeal From Interim Order of Monopolies and Restrictive Trade Practices Commission
Outcome
Appeal dismissed
Legal Topics
Interim Injunctions, Unfair Trade Practices, False and Misleading Advertising, Disparagement, Monopolies and Restrictive Trade Practices Act, 1969
Competition Law Consumer Protection Interim Injunctions Unfair Trade Practices False and Misleading Advertising Disparagement Monopolies and Restrictive Trade Practices Act, 1969

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Parties

Hindustan Lever Ltd.

Appellant

Colgate Palmolive (India) Ltd.

Respondent 1 / Complainant 1

Pallavi S. Desai

Respondent 2 / Complainant 2

Procedural Posture

Civil Appeal / Appeal From Interim Order of Monopolies and Restrictive Trade Practices Commission

Legal Issues

  1. 1 Whether the interim injunction granted by the MRTP Commission against the appellant's advertising claims can be interfered with on appeal under Section 55 of MRTP Act.
  2. 2 Whether prima facie case of unfair trade practice under Sections 36A(viii) and (x) was established for interim relief.

Ratio Decidendi

The interim injunction granted by the Commission was a discretionary and temporary order pending final determination of rival claims regarding the veracity of '102% anti-bacterial superiority'. Both parties relied upon conflicting expert opinions, and Commission lacked its own machinery; thus, it was proper to appoint a panel of experts and restrain advertising claims till the panel's report. Relief being discretionary, no interference is warranted in appeal under Section 55 of the MRTP Act.

Court Disposition

Appeal dismissed

Orders

  • No interference with interim injunction restraining appellant from claiming anti-bacterial superiority in advertisements until claim is scientifically established.
  • No orders as to costs.