ITC modifies disparaging ads


ITC submitted to Delhi High Court that it would remove references to the PepsiCo India brand, Tropicana, in its advertisements after being restrained from using such references by the court through orders dated 6 April and 9 April.

PepsiCo filed the suit for product disparagement on the ground that ITC’s recent ad campaign for its juice brand B Natural targeted Tropicana. The ads, which were carried in print and social media and on hoardings, invited Tropicana and another competitor, Dabur’s Real, to give up concentrates.

“Pepsi argued that ITC’s use of Tropicana’s name and the hashtag ‘SayNoToConcentrate’ in its advertisement campaign insinuates that Tropicana juices are not made from real fruit and accordingly are unhealthy,” said Dheeraj Nair, a partner at J Sagar Associates (JSA) who represented PepsiCo.

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