Delhi High Court Clarifies that Comparative Advertising is Healthy, but Cannot be Defamatory or Derogatory

Recently, Hindustan Unilever Ltd. (HUL) filed a suit seeking an injunction against RSPL Ltd., the manufacturer of Ghadi detergent. HUL alleged that a series of advertisements released in June 2025 unfairly disparaged its product, Surf Excel. The four advertisements, aired across television and digital platforms, imitated Surf Excel’s blue packaging and included language that was defamatory and misleading. For instance, one of the remarks were “Aapka kare badi badi baatein, dho nahi patey”. Thus, such remarks about Surf Excel were capable of tarnishing HUL’s reputation and misleading consumers. In this case, the Court held that comparative advertising is healthy however, derogatory or defamatory remarks in advertisements are not permissible. Upon reviewing the series of advertisements by the Defendant, the Court directed the Defendant to amend the advertisements before broadcasting them.

Source: Hindustan Unilever Ltd. v. RSPL Limited,[CS(COMM) 629/2025]

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