Delhi high court bench quashes Saffola's attempt to stop Fortune advertisements!

Marico Limited, the maker of Saffola edible oils on Monday, April 29, withdrew its appeal filed against an order passed by a Single Judge of the Delhi High Court last month, rejecting Marico’s plea for an injunction restraining edible oil major Adani Wilmar Limited from carrying on with its ad campaign for Adani Wilmar’s Fortune Rice Bran Oil.

Adani Wilmar in its print advertisements had claimed that its Fortune Rice Bran Oil, a 100% Rice Bran Oil, had a higher content of Oryzanol than Marico’s products, and that Oryzanol had proven cholesterol reducing properties. Marico complained this was disparaging.

Whilst permitting Marico to withdraw its appeal, the Division Bench of the Delhi High Court noticed the Single Judge’s finding that Marico was neither disputing the Cholesterol reducing abilities of Oryzanol nor the levels of Oryzanol present in Marico and Adani Wilmar’s respective products, and that being the case, whether a blend, as in Marico’s case, or 100% pure Rice Bran Oil, as in Adani Wilmar’s case was better, was an issue that could only be determined after a trial and the appellate court found no reason to interfere with a full trial on this issue.

Marico first lost the case when the Delhi High Court on Thursday, April 18, dismissed Applications filed by Marico Limited, makers of Saffola, against edible oil major Adani Wilmar Limited, makers of Fortune, alleging disparagement of its products under the brand Saffola through the campaigns made by Fortune in TV and Print Media.

Angshu Mallick, COO, Adani Wilmar Ltd., said, “We are very pleased with the court’s decision as we can now further strengthen the positioning of Fortune Rice Bran as the Worlds Healthiest Oil through our advertisements.  Our positioning was not for the benefit of our brand but for the quality of Rice Bran Oil in general and this verdict by court clearly indicated that there’s nothing wrong for the messaging.”

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