plaintiff against breach of advertising laws. She submits
that the ASCI Code is statutory. In this regard, she placed reliance on Rule ... advertisement which violates the Code for self
regulation in advertising, as adopted by the Advertising
Standards Council of India (ASCI), Mumbai for public
exhibition
Advertising Standards Council of India (hereinafter referred to as
"ASCI Code". The relevant clauses of the Code are as hereunder:-
"DECLARATION
Section 24 of the Bombay Protection Act, the Cable Network Act, ASCI Code or the Railway Guidelines for commercial advertising, all prohibited the advertisement
Code for Self-Regulation of
Advertising Content in India‟ ("the Advertising Code") issued by the
Advertising Standards Council of India ("ASCI ... combined reading of the Trade Marks Act, 1999 and the
Advertising Code of ASCI makes it abundantly clear that comparative
advertising is permissible and practiced
vigorous
competition and public enlightenment. In fact, Chapter IV of
the ASCI Code, relied upon by the plaintiffs, itself specifically
deals with Comparative Advertising ... relevant portion of
the ASCI Code reads as under:-
"CHAPTER IV
To ensure that Advertisements observe fairness in
competition such that the Consumer
ground that the said advertisement does not comply with the
advertising code of ASCI. The Plaintiff was then issued a notice and it
appeared before ... advertisement
contravened Chapter |, Clauses I.1, 1.4 and 1.5 of the
ASCI Code. This complaint was UPHELD.
In view of the above CCC recommendation
India LLP, and a complaint was raised by it before the ASCI. The
ASCI, vide email dated 13th July, 2023 intimated the Plaintiff regarding ... exaggeration, contrary to Clauses 1.1, 1.4
and 1.5 of the ASCI Code.
7. Vide order dated 24th November, 2023, the Court directed ASCI to cite
Server on 30/11/2023 at 00:36:36
ASCI Code or any other advertising laws; and
e. A decree of declaration that the order ... cannot be subject to ASCI, yet it sent a detailed
response.
17. Learned senior counsel submits that on 21.09.2023, ASCI passed an
order rejecting
Beiersdorf Ag vs Hindustan Unilever Limited on 9 May, 2024
* IN THE HIGH COURT OF
14743/2022 (O-XXXIX R-1 & 2 of CPC )
8. The present suit has been filed on behalf of the plaintiffs seeking grant ... encourages negligence. The YouTube advertisement contravened
Chapter III, 3.3 of the ASCI Code. This complaint was UPHELD.
In view of the above CCC recommendation
