The Advertising Standards Council of India (ASCI) had in December ordered Kent to stop using its tagline, "Kent deta hai sabse shudh paani" on the grounds that it was deceptive and factually false because there was no relevant data to back up the assertion. However, the ruling has been stayed by the Delhi High Court. Justice Pratibha Singh observed that the catchphrase had been used by Kent over the previous fifteen years. Moreover, puffery and hyperbole were commonplace in advertising. Furthermore, Kent has not yet received any complaints from customers.
"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, " Singh said.
On December 29, 2023, the ASCI issued the order after determining that Kent's claim lacked any supporting evidence. TTK Prestige lodged the complaint.
Kent filed an appeal with the Delhi High Court, claiming that despite not being an ASCI member, the order was issued and distributed to several broadcasters. ASCI said that, as a regulating body, even non-members are subject to its orders.
The court issued an interim order delaying the ASCI's decision while it considered whether the ASCI had jurisdiction over non-members. The Court held:
"In addition, this 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."
Originally published 03 April 2024
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.