SC dismisses HUL's petition against Sebamed
HUL in its petition pointed out that Sebamed's campaign ridiculed its products selectively on the basis of the pH parameter and misled consumers
The Supreme Court has dismissed a special leave petition filed by HUL against German soap brand Sebamed. The FMCG giant had challenged Bombay HC's decision to permit Sebamed's ad campaign, which claimed that HUL's soap brands have harsh pH levels.
The division bench of Bombay HC had earlier dismissed HUL's appeal against the court's decision to allow Sebamed to air TV commercials as long as they don't make reference to any detergent soaps.
The Single Judgel allowed the brand to use names and depictions of HUL products like Dove, Lux, Pears and Santoor. The petition mentioned that Sebamed is a cleansing bar while HUL's products are toilet soaps and bathroom bars and so, they are bound to have a different composition. It contented that the division Bench overlooked the Drugs and Cosmetic Act of 1950, which does not prescribe pH as a statutory requirement for soaps.
HUL in its petition also noted that Sebamed's campaign ridiculed its products selectively on the basis of the pH parameter. It says that the German brand misleads consumers by implying pH is the most important factor while choosing a soap. In so doing, Sebamed instils fear against HUL's products in the minds of consumers.
Reacting to the court order, Shashi Ranjan, Country Head, Sebamed India, said, “We welcome the decision. We have received overwhelming response from consumers and we will continue our journey of educating and empowering consumers to make informed decisions. Our products are made from highest quality ingredients with pH5.5 benefits and all our claims are backed by robust scientific research. ”
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