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     COMPETITORS CAN              CERTAINLY         COMPARE         BUT
     CANNOT MISLEAD

38. In the opinion of this Court, the purpose of the provisions irf the Act, 1999 and the ASCI Code which lists the conditions under which comparative advertising is permitted is to stimulate competition between suppliers of goods and services to the consumer's advantage, by allowing competitors to highlight objectively the merits of the various comparative products while, at the same time, prohibiting practices which may distort competition, be detrimental to competitors and have an adverse effect on consumer choice.

39. This Court is of the view that it is duty bound to interpret the Act, 1999 and the CJ ASCI Code in a sense favourable to comparative advertising while at the same time always ensuring consumers are protected from possibly misleading advertising.

48. In the opinion of this Court, it is open to an advertiser to highlight a special feature/characteristic of his product which sets it apart from its competitors and to make a comparison as long as it is true. For instance, if a chocolate biscuit manufacturer issues a comparative advertising highlighting that his product has the highest chocolate content and the lowest price, then in the opinion of this Court the rival manufacturer cannot seek an injunction on the ground that fibre content or calorific value or protein content had not been compared.

V) If there is no defamation to the goods or to the manufacturer of such goods no action lies, but if there is such defamation an action lies and if an action lies for recovery of damages for defamation, then the Court is also competent to grant an order of injunction restraining repetition of such defamation."

17. It would also be essential to note the relevant provisions of the code of Advertising Standards Council of India (ASCI) which read as under:-

(c) The comparison are factual, accurate and capable of substantiation.

(d) There is no likelihood of the consumer being misled as a result of the comparison, whether about the product advertised or that with which is compared.

(e) The advertisement does not unfairly denigrate, attack or discredit other products, advertisers or advertisements directly or by implication."

18. Chapter IV of the ASCI Code deals with comparative advertising. The relevant portion of the said Code reads as under:-