Hair oil war: Delhi HC stops Dabur from sharing ad on WhatsApp that 'dissed' Marico

The high court has refused to block Dabur's print hair oil print advertisement.

The Delhi High Court has restrained fast-moving consumer goods (FMCG ) major Dabur from circulating the advertisement of its 'Amla hair oil' on messaging platform WhatsApp.

The court passed the order on a plea filed by rival Marico Limited, which said that Dabur sent a WhatsApp and print advertisement, which defamed and denigrated its Nihar Naturals Shanti Badam Amla Hair Oil.

Marico alleged that the print advertisement featuring actor Deepika Padukone has a line saying, "Yaad Rakhna, Sasta Amla, balo ko mehenga padega (do remember, cheap amla oil will cost your hair dear)," which amounted to generic disparagement of all the brands whose products were cheaper than Dabur's.

According to Marico, "sasta amla" is a direct reference to its hair oil, which has been advertised for almost 12 years as being cheaper than Dabur's product.

The high court, however, refused relief for the print advertisement, saying a consumer while reading would not be able to relate the term “sasta amla” to Marico's product, as neither the bottle in the advertisement referred to the product nor did it directly or indirectly mentioned it.

"It is also not a generic disparagement of all cheaper Amla hair oil. In my opinion, the advertisement is to be judged from the point of view of an ordinary consumer and his perception of the advertisement, rather than from a sensitive competitor like Marico," it said.

The court noted that a connection between the print advertisement and Marico could be made only by a "leap of imagination".

The court said the print ad only opined that buying cheaper amla hair oil might be harmful to hair but was not defamatory towards all cheaper hair oils.

On the WhatsApp advertisement, which was sent to shopkeepers, the court said though the ad showed that the print advertisement is aimed at Marico, an ordinary consumer would not have the benefit of having the WhatsApp Advertisement along with the print advertisement. It would only be the persons who receive the WhatsApp message along with the print advertisement would be able to make the connection between the two.

"Even otherwise, the WhatsApp message/advertisement merely reflects that the print advertisement is aimed against the Marico as it calls upon the shop employees to display print advertisement, the court said."

The court restrained Dabur from circulating the WhatsApp message but not the print advertisement.