Bombay High Court Orders Dabur to Discontinue “Anti-inflammatory” and “Anti-bacterial” Claims on Toothpaste

The Bombay High Court has directed Dabur India Limited to discontinue using the terms “anti-inflammatory” and “anti-bacterial” on the packaging and advertisements of its “Dabur Lal Dant Manjan” and “Dabur Meswak” toothpastes. The court’s order came in response to a petition filed by Colgate-Palmolive (India) Limited, which argued that these claims violated the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.

Colgate-Palmolive contended that Dabur’s use of these terms implied that the toothpastes had medicinal properties, which could only be claimed if the products were licensed as drugs under the Drugs and Cosmetics Act, 1940. They argued that Dabur’s products were not licensed as drugs and therefore, these claims were misleading and deceptive to consumers.

The Bombay High Court, after hearing arguments from both sides, agreed with Colgate-Palmolive’s contention. The court observed that the terms “anti-inflammatory” and “anti-bacterial” are typically associated with medicinal products and could lead consumers to believe that the toothpastes had therapeutic benefits beyond regular oral hygiene.

The court stated that “The use of the terms ‘anti-inflammatory’ and ‘anti-bacterial’ in relation to a toothpaste, without the necessary drug license, is misleading and falls within the ambit of prohibited advertisements under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.”

The court further directed Dabur to remove these claims from all packaging, advertisements, and promotional materials for the concerned toothpastes within a specified timeframe. The court also imposed costs on Dabur.

This ruling highlights the importance of accurate and truthful advertising, particularly in the consumer goods sector. It also underscores the regulatory framework in place to prevent misleading claims about products, especially those that could have implications for public health.

The Bombay High Court’s decision serves as a reminder to manufacturers that they must adhere to the prescribed regulations and avoid making unsubstantiated claims about the medicinal properties of their products.