21/01/2021
Which bathing soap do you use? Do you know what the PH level of your bathing soap is? What factors form the basis for your soap purchase?
On January 7, 2021, Sebamed launched its advertising campaign comprising of a 10 second teaser film in Hindi ‘Sach Coming Soon’ which depicted models sitting on a table, and one stated “Filmstars, celebrities aur Bollywood beauties kuch bhi bolne tayyar hote hai par sach bolney se ghabratey hai, sach coming soon” followed on January 8/9, 2021 by 3 television advertisements in the Hindi language titled (1) “Filmstars Ki Nahi, Science Ki Suno”; (2) “Dudh Jaise Safed Soap Ka Sach”; and (3) “Transparent Soap Ka Sach” , which were launched in respect of its product referred to in those advertisements as the ‘Sebamed Cleansing Bar’.
The protagonists of the respective advertisements urged the viewers to ascertain the truth about the pH levels of the soaps: Lux, Dove and Pears. It is then indicated that the pH levels of Lux and Pears is the same as the detergent soap Rin and that Dove is also high (pH 7). In comparison, the pH level of Sebamed Cleansing Bar is 5.5 which is perfect for sensitive skin.
It is for this reason that the advertisements / TVCs, titled as “Filmstars Ki Nahi, Science Ki Suno” (with reference to the Lux soap); “Dudh Jaise Safed Soap Ka Sach” (with reference to the Dove bar) and “Transparent Soap Ka Sach” (with reference to the Pears soap), suggest that in view of the alleged high pH levels, Lux, Pears and Dove are not appropriate and are harmful / harsh on the skin of the consumer.
Hindustan Unilever filed a case in the Bombay High Court against the Sebamed advertiser. The Bombay High Court delivered its judgement on January 19, 2021. Would you like to understand it better?
Do read the article authored by me, which demystifies the entire judgement in the matter between Hindustan Unilever Limited versus USV Pvt. Ltd. to gain a deeper understanding of what the Indian laws on Comparative Advertising and the consequences of any disparagement engaged by an Advertiser, from a legal perspective.
As always, your feedback and comments are welcome.
Unilever
Advocate Aazmeen Kasad demystifies the Bombay HC Interim Application judgement in the matter of HUL v/s USV Private Limited.