The Delhi High Court has permitted Dabur India to proceed with the publication of an advertisement for its ayurvedic toothpaste, Dabur Red Paste, but with a slight modification to its tagline.
According to news reports, Instead of 'World’s No. 1 Ayurvedic paste,' the court has mandated the use of 'World’s leading Ayurvedic paste’.
Justice Pratibha M Singh stated that advertising constitutes a form of commercial speech, and a certain degree of exaggeration, or puffery, is acceptable as long as the claims made are within reasonable bounds.
In September, Dabur India appealed to the High Court against the directive of the Advertising Standards Council of India (ASCI), which instructed the company to alter its advertisement. Additionally, ASCI asked Dabur India to refrain from publishing the “misleading ad”, citing concerns about its unfair portrayal and constituting exaggeration.
The FMCG company informed the Council that its assertions were grounded in market research studies conducted by Mordor Intelligence. Nonetheless, ASCI dismissed the FMCG company's assertions regarding the authenticity of the supporting data mentioned in the report.
In contrast, the Delhi High Court emphasised that the report relied upon by the company could not be disregarded entirely.
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