Delhi HC stays ASCI order directing Kent RO to withdraw 'Kent deta hai sabse shudh paani' tagline

The Delhi High Court stayed an order passed by the Advertising Standards Council of India (ASCI) directing Kent RO to withdraw its tagline “Kent deta hai sabse shudh paani (Kent gives the purest water).”

Justice Prathiba M Singh, in an order passed on January 19, observed that the water purifier brand has been using the tagline for nearly 15 years, and expressed that exaggeration and puffery are permitted in advertisements.

Noting the absence of consumer complaints against Kent on similar grounds, the Bench said that advertising is a part of commercial speech, a recognised aspect of Article 19(1)(a) of the Constitution of India.

“No consumer has complained that he/she is misled due to the exaggeration that the Plaintiff gives the most pure water. Such exaggerations, puffery, hyperbole is part of advertising which cannot be completely curtailed, except in accordance with law. In the field of advertising some `play in the joints’ is always recognised and permitted,” the Court said.

The ASCI passed the order on December 29, 2023 after realising that Kent’s claim was without any supporting data. The complaint was filed by TTK Prestige.

Arguing that it is not a member of ASCI, Kent had approached the High Court against this order, despite which the order was passed and communicated to various broadcasters.

The company argued that it has the trademark rights and copyrights on the tagline ‘Kent deta hai sabse shudh paani’ and the same is nothing but puffery, which is a recognised form of advertising.

Meanwhile, ASCI said that it is a regulatory body of the industry and its recommendations are binding even on non-members.  However, the Court was of the view that whether the jurisdiction of ASCI would extend to non-members needs to be considered.

The Council contended that the case is premature as no channel or governmental authority has taken any action against Kent.

In addition, the Court has also persuaded on behalf of the Plaintiff that the advertisement-in-question has been broadcasted since 2007 i.e., for more than 15 years. Under such circumstances, the Court is also not inclined to permit the order of ASCI to have an effect on the Plaintiff thereby curtailing its advertising right.

Justice Singh, therefore, passed an interim order staying the ASCI ruling.

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