drug under the Drugs and Cosmetics
Act , and cannot be regarded as puffery. The truthfulness of such assertions
or statements of fact ... defendants:
5.1 Impugned TVC and Print Advertisements are instances of puffery,
Signature Not Verified
Digitally Signed CS(COMM) 1195/2024 Page
extols and propounds the
Defendants' Product, which at best amounts to puffery and
hyperbole. Under the law, a seller may puff up its product ... product is better than the others or as the best. However, mere
puffery is not actionable and does not amount to disparagement.
The Impugned Advertisement
plaintiff that at best the said
Advertisement could be termed as a Puffery Advertisement and the
Comparative advertisement without defaming competitor's products ... plaintiff is
incorrectly defending the impugned advertisement in issue as 'Puffery' or
as protected under commercial speech as the plaintiff has not even
common experience that in advertisement of any kind, often some puffery and exaggeration is infused, even if, it is assumed that in view of academic
that viewers will see it as just another bit of
merchandising puffery or informational message and not as an
indicator of origin. Even when prominently
particular product are adjectives, descriptors or attributes
which only add to puffery by any manufacturer and no rival can afford to be
hypersensitive
Para 27.
16. The impugned advertisements are more than puffery. There is a clear
reference to the product of the plaintiff in each
