by Sabyasachi Samajdar, FoodBizDaily.com Bureau Chief – New Delhi
November 20, 2009 – An advertising war between two health drink brands Horlicks of GlaxoSmithkline (GSK) and Complan of Heinz India finally found its place in the apex court of India. The Supreme Court of India today issued a notice to GlaxoSmithkline Consumer Healthcare in the said case.
The response was sought from GlaxoSmithkline (GSK), the producer of Horlicks, on a petition filed by Heinz India which sells Complan food brand.
However, the apex court refused to stay the proceedings, before the Delhi High Court, in a suit filed by GSK against Heinz over an allegedly disparaging advertisement.
A Bench headed by Justice G S Singhvi issued a notice to GSK on Heinz India's plea against telecast of an advertisement which allegedly slandered Horlicks commercial that compared its Complan with Horlicks.
Heinz India said that it was compelled to issue the commercial in response to the advertisement issued by Horlicks that showed its product Complan as overpriced and inferior to Horlicks.
Senior counsel Soli Sorabjee and Anuradha Salgotra, appearing for Heinz, said the advertisement issued by GSK was clearly intended to specifically target Heinz's consumers to switch to Horlicks by projecting that Complan only made a child 'taller' whereas Horlicks at a lower price made children 'taller, stronger and sharper'.