Ads Disparaging Oats Industry: Delhi HC Grants Interim Relief To Marico

The Delhi High Court has issued a restraining order on Alpino Health Foods prohibiting it from publishing or distributing advertisments that allegedly disparage the oats industry, specifically the rolled oats marketed under Marico's Saffola Oats' brand. Marico, claimed that the campaign misleads the consumers by comparing oats to substances like lime soda and cement, potraying them as unsafe and non- nutritive. 

Marico's legal team highligted that Alpino's own product relies on rolled oats as a primary ingredient. 

Senior Counsel appearing for the plaintiff further stated that even though the various advertisements by the defendant do not specifically point out to the product of the plaintiff, however, the disparagement being generic in nature, the present suit on behalf of the plaintiff is maintainable.

 Granting a prelimnary injunction against Alpino, the Delhi High Court ordered the removal of advertisments across platforms till the next date of hearing.

“The plaintiff has demonstrated a prima facie case for grant of injunction and in case no ex-parte ad-interim injunction is granted, the plaintiff will suffer an irreparable loss. Further, the balance of convenience also lies in favour of the plaintiff and against the defendant.  Accordingly, till the next date of hearing, defendant, its directors, principals, proprietor, partners, officers, employees, agents, franchisees, licensees, representatives and assigns are restrained from publishing or otherwise sharing, forwarding, howsoever, communicating to the public., either through social media platforms, inter alia Instragram, Facebook, Twitter etc , or in any other manner, the Impugned Advertisements or any part thereof, or any other advertisement or communication of a similar nature, in any language or in any manner, disparaging “Oats” as a category of foods, ” the Delhi High Court said in its order.

Marico Limited was represented by Mr Chander M Lall, Senior Advocate along with the team of Khaitan &; Co, led by Mr Ankur Sangal (Partner), with his team members Ms Pragya Mishra (Principal Associate), Mr Raghu Vinayak Sinha (Senior Associate), Mr Kiratraj Sadana (Associate) and Mr Shaurya Pandey (Associate).

The next hearing in the matter is expected to be held in March 2025.