Colgate-Palmolive (Pty) Ltd and Another v Bliss Brands (Pty) Ltd and Another (095598/2024) [2024] ZAGPJHC 1089 (11 October 2024)

Colgate-Palmolive (Pty) Ltd and Another v Bliss Brands (Pty) Ltd and Another (095598/2024) [2024] ZAGPJHC 1089 (11 October 2024)

The court found that Bliss Brands failed to comply with the order of Manoim J, as the changes made to the Securex packaging were merely cosmetic and did not materially distinguish the new packaging from the old offending packaging. Bliss also continued to advertise the old packaging online, including on its own website. Bliss did not discharge the evidentiary burden to rebut the presumption of wilfulness and mala fides. Consequently, Bliss was found to be in contempt of court. The court further held that Bliss should be precluded from proceeding with its own application until it purges its contempt, as allowing a contemnor audience would undermine the authority and dignity of the court....

Citation
[2024] ZAGPJHC 1089
Parties
Applicant: Colgate-Palmolive (Pty) Ltd; Applicant: Colgate-Palmolive Company; Respondent: Bliss Brands (Pty) Ltd; Respondent: The Advertising Regulatory Board NPC
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
11 October 2024
Case Number
095598/2024
Procedural Posture
Urgent Application / Judgment on Urgent Application for Contempt and Related Relief
Outcome
Bliss Brands (Pty) Ltd is declared in contempt of the Manoim J order; ordered to comply within 30 days; precluded from proceeding with its own application until contempt is purged; punitive costs awarded against Bliss Brands in the contempt application.
Judges
Vally
Legal Topics
Contempt of Court, Breach of Court Order, Advertising Regulation, Code of Advertising Practice, Punitive Costs, Right of Access to Court
Commercial and Corporate Civil Procedure Contempt of Court Breach of Court Order Advertising Regulation Code of Advertising Practice Punitive Costs Right of Access to Court

Case Brief

Summary, issues, holding and outcome

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Parties

Colgate-Palmolive (Pty) Ltd

Applicant

Colgate-Palmolive Company

Applicant

Bliss Brands (Pty) Ltd

Respondent

The Advertising Regulatory Board NPC

Respondent

Procedural Posture

Urgent Application / Judgment on Urgent Application for Contempt and Related Relief

Legal Issues

  1. 1 Whether Bliss Brands (Pty) Ltd is in contempt of the order of Manoim J dated 21 February 2024.
  2. 2 Whether the changes made to Securex packaging by Bliss Brands constitute compliance with the court order.
  3. 3 Whether Bliss Brands should be precluded from proceeding with its own application while in contempt of court.

Ratio Decidendi

The court found that Bliss Brands failed to comply with the order of Manoim J, as the changes made to the Securex packaging were merely cosmetic and did not materially distinguish the new packaging from the old offending packaging. Bliss also continued to advertise the old packaging online, including on its own website. Bliss did not discharge the evidentiary burden to rebut the presumption of wilfulness and mala fides. Consequently, Bliss was found to be in contempt of court. The court further held that Bliss should be precluded from proceeding with its own application until it purges its contempt, as allowing a contemnor audience would undermine the authority and dignity of the court....

Court Disposition

Bliss Brands (Pty) Ltd is declared in contempt of the Manoim J order; ordered to comply within 30 days; precluded from proceeding with its own application until contempt is purged; punitive costs awarded against Bliss Brands in the contempt application.

Orders

  • The application is heard and determined on an urgent basis.
  • It is declared that Bliss Brands (Pty) Ltd is in contempt of paragraph 3 of the order of Manoim J in case no 2020/22061, handed down on 21 February 2024.