Court orders Ad-Interim injunction against Saffola Soya advertisement

In a recent legal development, a court has issued an ad-interim injunction against an advertisement by a defendant company, restraining them from broadcasting or telecasting the disputed content. The court's decision came after the plaintiff- Emami Agrotech, moved an application under Order 39 Rule 1 and 2, along with Section 151 of the Code of Civil Procedure (C.P.C).

The court order was issued to protect the interests of the plaintiff, a company that manufactures and sells various edible oil, soya chunks, and spices. The plaintiff asserted that the defendant company, which manufactures and trades in FMCG products under the brand "Saffola Soya," had launched an advertisement campaign claiming their product to be “Bharatborsher sobcheye naram ar sushsadu soya” (most soft and tasty soya) in India.

The plaintiff contended that this advertisement was not only misleading but also demeaning and disparaging to their soya chunks and other soya products. The plaintiff further argued that the defendant's advertisement was in violation of the provisions of the Food Safety and Standard Act, 2006, and its associated rules.

The court, upon careful consideration, found that the defendant's advertisement lacked substantiating evidence to support its claim as the "best soya chunks" in India. There was no mention of a third-party survey or standardizing bureau that could validate this assertion. As a result, the court observed a prima facie case in favor of the plaintiff.

The court's decision was influenced by several factors, including the imbalance in convenience and inconvenience, the potential for irreparable loss and injury to the plaintiff's reputation, and the urgency of the matter. Consequently, the court issued an ad-interim injunction, restraining the defendant company from broadcasting or telecasting the controversial advertisement until November 23, 2023.

This legal action serves as a reminder of the importance of truthful and substantiated advertising in India's competitive market and the legal avenues available to protect one's interests.