Bombay HC dismisses Sebamed’s appeal; reaffirms campaign as disparaging
The Division Bench of the Hon'ble High Court of Bombay today dismissed the appeal filed by USV against the order passed by a single Judge of the Hon'ble High Court in June 2022.
Dismissing the appeal, the Bench upheld the 17 June 2022 High Court order, which said that the advertisements launched by USV in January 2021, denigrated and disparaged HUL’s products.
In the said order, the Court had ruled Sebamed’s entire campaign based on the pH value of soap, comparing it to Dove, Pears and Lux, as disparaging, and had restrained Sebamed from airing the advertisement in any manner.
HUL confirmed the development and welcomed the order.
Speaking on the latest ruling, Dev Bajpai, Executive Director, Legal & Corporate Affairs, HUL, said, “The Court rulings reaffirm that the advertisement campaign by Sebamed denigrated HUL’s brands and misled consumers on the basis of pH, which is just one of the many parameters that go into manufacturing soap. It is also pertinent to note that Sebamed’s campaign was irresponsible, and that such misleading communication was issued during the pandemic, when the Government and health authorities had advocated handwashing with any soap.”
In the Sebamed campaign released in January 2021, Sebamed had claimed that Dove, Lux and Pears, well-known soap brands that HUL has been marketing for decades, had higher pH, which was not apt for sensitive skin.