Delhi HC's relief to Colgate against Pepsodent gives strong message to marketers
The Court found HUL's print ad to be disparaging Colgate Strong Teeth & restrained HUL from publishing the same. The Court also ordered modification of the TV ad
The latest development in the Colgate – Pepsodent saga is that the Division Bench of the Hon’ble Delhi High Court has granted relief to Colgate against Hindustan Unilever Limited’s Pepsodent advertisement. The Court found HUL’s print advertisement to be disparaging Colgate Strong Teeth (‘ST’) and restrained HUL and or its agents from publishing the impugned print advertisement or any other similar advertisement which disparages Colgate Strong Teeth or any other product of Colgate. The Court also ordered modification of the TV commercial.
The Court further observed, “…we are in no manner of doubt that the advertisement not only conveys an impression that use of Colgate would not be as effective as Pepsodent but also conveys an impression that use of Colgate Strong Teeth instead of Pepsodent GSP would result in causing harm and discomfort to its consumers. This is clearly the essential message of the visual story… It is apparent that a consumer who glances at this advertisement would, surely carry the impression as stated above. Thus, in our view, the impugned print advertisement is prima facie disparaging of the appellant’s goodwill and its product Colgate ST.”
This provides relief to Colgate after the Delhi High Court’s dismissal of the injunction petition filed by Colgate against Pepsodent Germicheck Superior Power advertisement in August, concluding that Pepsodent does not degrade competition brand Colgate in its advertising.
The Court has further directed HUL to modify the voiceover at the end of the impugned TVC which states ‘Naya Pepsodent Germi Check Colgate Ke Mukable 130 Pratishat Germ Attack Power’ (freely translated means, ‘In comparison to Colgate, New Pepsodent Germi Check has 130 per cent Germ Attack Power’) is misleading and inaccurate.
“Until the comparison is scientifically proven, it seems like a false claim. It should be certified by an independent third party. Ideally, the strategy should be ‘what does my brand have superior in accordance to consumer needs’. Otherwise it could be misleading,” remarked Abraham Koshy, Professor, Marketing, IIM Ahmedabad, on the development.
The court also observed that “the message Pepsodent GSP is better than Colgate ST in combating tooth decay (cavities) is the message that the impugned TVC delivers and this is a serious representation of fact. Thus, the question that requires to be addressed is whether this claim is truthful or not.”
What caught consumers and the industry by surprise about Pepsodent’s attack on Colgate was the brand name Colgate was clearly visible in the ad, supplemented by a voiceover that came with a confident conclusion that Pepsodent’s Germicheck is no less than 130 per cent better than Colgate – the current market leader with a 54.2 per cent market share in the Rs 5050 crore Indian toothpaste market.
“I guess the battle will continue – from the market to the courts and then back to the market. ‘Disparaging’ is a big word. Brands need to be careful not to step on each other's toes on the count of this phrase that will be used to advantage by brands. While comparison is fine, disparaging is not fine. At times, that is a think line marketers interpret differently on different occasions,” opined Harish Bijoor, Brand Expert and CEO, Harish Bijoor Consults, on the latest development and the competitive advertising scenario in India.
Is it a strong message to other brands?
Does this decision of the Delhi high court give a strong message to other brands who adopt similar tactics to garner consumer attention?
“This decision tells brands that you need to be sincere to consumers and be committed to consumers, backed by scientific data,” shared Koshy.
Competitive advertising is becoming increasingly popular among brands. Examples of such aggressive advertising are essentially tactical bits that help boost brand salience.
Advertising has now evolved into more insight-based communication. Gone are the days when the accepted norm in India was to communicate attribute-level comparisons obliquely. With a 'sharp beep’ in the narrative or air brushed or subtle pixilated imagery sufficing to the get the point across, what we are now seeing is more direct and bold advertising that leaves no doubt in the consumer’s mind.
“Yes, this is a strong message to those planning guerrilla advertising forays that poke each other in the eye,” concluded Bijoor.
Are brands listening?
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E4M Our strategy is to target younger audiences through Sports: Rajiv Dubey, Dabur
The Head of Media at Dabur India spoke exclusively to exchange4media on the World Cup, associating with Indian Idol, the company’s digital spending and much more
With quirky campaigns, memes and moment marketing, timed with the ongoing World Cup and particularly the India-Pakistan matches, Dabur India has got considerable consumer attention for its popular brands – Red Paste, Cool King Hair Oil, Chyawanprash, Dabur Vita and the recently launched Bae Fresh Gel toothpaste.
The 140-year-old company is going big on key sporting events, World Television Premiere (WTP) movies and reality shows. It is now gearing up to become the title sponsor of popular talent show ‘Indian Idol’ on Sony TV for the first time, shared Rajiv Dubey, who leads the media strategy at Dabur.
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ShareSwapan Seth's new book 'COOL' is out
The book is a reflection of the author's 'eclectic taste across categories'
Advertising professional and art collector Swapan Seth has announced the launch of his new book COOL. The book is described as "a ready reckoner to the hip and the happening, of the known and the very unknown."
The book is a reflection of the author's "eclectic taste across categories: from boltholes to exotic hideaways."
COOL has been published by Simon & Schuster India and is available on Amazon.
Seth is an ad veteran with a long and illustrious career in the industry. He became the youngest-ever Creative Director at Clarion at age 24. He was VP at 26 at Trikaya Grey. Two years later, he started his agency Equus.
He writes for publications such as The Economic Times, Hindustan Times and India Today. This is his second book and he has previously published THIS IS ALL I HAVE TO SAY.
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Disney Star signs 9 sponsors for Asia Cup PAK
Charged by Thums Up, Nerolac Paint+, Amazon Pay, Jindal Panther, My11Circle, MRF, Samsung Galaxy Z Flip5, Wild Stone and Thums Up come on board
e4m Staff Disney Star has signed nine broadcast and digital streaming sponsors for the upcoming Asia Cup.
Charged by Thums Up, Nerolac Paint+, Amazon Pay, Jindal Panther, My11Circle, MRF, Samsung Galaxy Z Flip5, Wild Stone and Thums Up have come on board for the upcoming tournament.
As reported earlier by exchange4media, Disney Star has sought Rs 26 crore for the co-presenting sponsorship on TV and Rs 30 crore for Disney+ Hotstar.
According to industry sources, the associate sponsorship on Star Sports has been priced at Rs 19.66 crore, whereas for the ‘powered by’ sponsorship on Disney+ Hotstar, the broadcaster is seeking Rs 18 crore.
As per the information available with exchange4media, Disney+ Hotstar has three sponsorship tiers-- co-presenting (Rs 30 crore), powered by (Rs 18 crore) and associate sponsorship (Rs 12 crore). The broadcaster is offering an estimated reach of 120-140 million for co-presenting sponsors, 90-100 million for powered by and 60-70 million for associate sponsorship.
A spot buy for 10 seconds has been priced at Rs 25 lakh for the India vs Pakistan matches, while for the non-India matches, the ad rate for 10 second is Rs 2.3 lakh. The India matches plus the final for ODIs has been priced at Rs 17 lakh per 10 seconds.
Asia Cup is scheduled to be held from 30 August, 2023, to September 17, 2023.
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Sorted 360 wins creative & social media mandate of Reliance Mall
The agency will manage offline and online campaigns for Reliance Mall
Sorted 360, an integrated creative and social media agency, has won the mandate to providing brand solutions for Reliance Malls across India.
“Sorted 360 is set to enhance Reliance Malls' market presence with their unparalleled creative prowess and strategic thinking,” read a press release.
“Sorted 360's commitment to pushing the boundaries of creative communication aligns perfectly with Reliance Malls' ethos. With a pan-India presence spanning across 19 cities and growing, Reliance Malls has consistently captivated customers by offering an array of Reliance brands and third-party fashion & lifestyle brands. The mall has established an unparalleled connection with its patrons through superior quality, a remarkable value proposition, and an unmatched shopping experience,” it read further.
"We are thrilled to welcome Sorted 360 as our trusted partner in advancing our brand presence across the nation," said the Head of Marketing at Relaice Malls. "Their proven expertise in retail, shopping center management, and innovative creative strategies make them the perfect fit for our vision."
"Partnering with Reliance Malls is a testament to our commitment to shaping extraordinary brand experiences," remarked Prerana Anatharam, Co-founder of Sorted 360. "We are excited to leverage our strategic and creative acumen to further elevate Reliance Malls as the epitome of convenience, choice, and excellence."
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KlugKlug onboards Hemang Mehta as Country Manager for Indias
Mehta was most recently Head of Agency Relationships at Network 18 Media & Investments
KlugKlug has appointed Hemang Mehta as its Country Manager for India.
Mehta will play a pivotal role in driving KlugKlug's growth and expansion within the Indian market and be responsible for Sales & GTM Strategy
Prior to that, he has also represented organisations like Exponential (now VDX.tv), India Today Digital and Rediff.com. His expertise spans various domains including digital media sales, mobile marketing, media planning, and buying, social media marketing, and more.
Hemang Mehta expressed his enthusiasm about joining KlugKlug, saying, "I am thrilled to be a part of KlugKlug, a forward-thinking platform that is reshaping the influencer marketing landscape. As much as I look forward to collaborating with the exuberant team at KlugKlug, I am super excited to interact with the brands to deliver powerful data-backed Influencer solutions that will guarantee business outcomes."
Commenting on the appointment, Kalyan Kumar, Co-Founder and CEO of KlugKlug, stated, "We are excited to welcome Hemang Mehta to our team as the Country Manager for India. His extensive experience in digital media sales and marketing will be instrumental in driving our efforts to provide influencer marketing solutions to our clients. We believe Hemang's leadership will be key in scaling our operations and expanding our reach within the Indian market."
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