The Supreme Court today admitted a petition from Glaxo Smithkline over a 2004 TV advertisement by Heinz that claimed the nutrition drink Horlicks was inferior to Complan.
The ad by Heinz had allegedly disparaged Horlicks,the health drink from Glaxo Smithkline’s stable,with the claim only Complan helped children grow taller.
A bench comprising Chief Justice K G Balakrishnan and Justice Deepak Verma admitted the petition filed by Glaxo Smithkline Consumer Healthcare,owner of Horlicks challenging the deceptive advertisement by rival Heinz’s Complan.
During the proceedings,senior advocate Abhishek Manu Singhvi,appearing for Heinz,submitted that there was nothing in this issue as the said advertisement was six years old.
“It’s a dead issue now. Nothing is left in that. Moreover Zee group,which telecast the advertisement has filed an affidavit in this court that they have withdrawn it,” he said.
Singhvi further added that the Calcutta High Court has already passed an order in July 2006.
This was opposed by Glaxo Smithkline Consumer Healthcare counsel Shipra Ghosh.
According to Glaxo Smithkline,Heinz’s ad claimed that only Complan helped a child grow taller.
Later,this was challenged by Glaxo Smithkline beforethe Calcutta High Court,which had restrained Heinz from airing the commercial.
However,the High Court later vacated its injunction and this was challenged by Glaxo Smithkline before the apex court.