Dabur vs Colgate: Delhi HC directs Dabur to back fluoride claims in toothpaste ad

New Delhi: The Delhi High Court has directed Dabur India to provide scientific evidence supporting its advertisement claims that fluoride in toothpaste causes health issues, including lower IQ in children and brittle bones. 

As per the news reports, the order, issued by Justice Amit Bansal, follows a legal challenge by Colgate-Palmolive, which argued that Dabur’s ad campaign for its ayurvedic toothpaste unfairly disparages fluoride-based products, particularly targeting Colgate’s market-leading offerings.

The Dabur Red Toothpaste ad: 

Dabur India entrusted Mixed Route Juice to design and execute the brand campaign. The campaign was brought to life with influencer engagements, on-ground activations, and informative articles and videos.

The controversy centres on Dabur’s ad tagline, “Does your favourite toothpaste have fluoride?” which Colgate alleges is a veiled jab at its fluoride-based toothpastes. Colgate contends that the claims are misleading, as fluoride, when used within regulated limits of 1,000 ppm, is globally endorsed by health authorities for preventing tooth decay. The company argued that Dabur’s campaign not only lacks scientific backing but also undermines an entire category of safe, effective products, constituting unfair competition.

Justice Bansal ordered Dabur to submit evidence within two weeks to substantiate its claims about fluoride’s alleged risks. “Along with the reply, the defendant shall place on record material to justify the following claims: lower IQ in kids, brittle bones, spotting on teeth,” the court stated. 

Colgate has two weeks thereafter to file a rejoinder, with the next hearing set for May 27, 2025.

Dabur, in a preliminary response, agreed to remove the word “favourite” from the ad to avoid direct references to competitors but defended its campaign, asserting it highlights “potential risks” based on select studies. The company argued that its fluoride-free toothpaste, like Dabur Red Paste, offers consumers a natural alternative, and its ads aim to inform, not mislead.

This legal tussle echoes a 2019 case where the Delhi High Court ordered Dabur to modify ads mimicking Colgate’s packaging. While Dabur complied then, Colgate now seeks to curb what it calls “generic disparagement” of fluoride toothpastes.