The Delhi High Court has stayed the Advertising Standards Council of India’s (ASCI) order that asked Kent to no longer use its tagline “Kent deta hai sabse shudh paani” under the premise that it was misleading and factually incorrect since there was no relevant data to support the claim.
Justice Pratibha Singh saw that Kent had been using the tagline for the last 15 years. Furthermore, exaggeration and puffery were normal in advertising.
Additionally, no customer had filed a complaint against Kent to date.
“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.
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.
Kent approached the Delhi High Court arguing that it was not a member of the ASCI and yet, the order was passed and conveyed to multiple broadcasters. ASCI argued that it is a regulatory body and its orders apply to even non-members.
The court deliberated on whether the ASCI’s jurisdiction extended to non-members, thus passing an interim order staying the ASCI’s ruling.
“In addition, this Court has also persuaded on behalf of the Plaintiff that the advertisement-in-question has been broadcasted since 2007 ie, 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.”