HC comes to salt brand’s rescue over ad featuring Anil Kapoor

The Bombay High Court recently came to the rescue of a Start-up firm recognised under the Centre’s Start-Up India initiative. The HC restrained the Advertising Standards Council of India (ASCI) from disallowing TV commercials of the firm from going on-air.

Incidentally, these TV commercials feature Bollywood superstar Anil Kapoor, who is seen promoting the pink-coloured salt manufactured by Puro Wellness Private Limited, a startup recommended by the Science and Technology Department of the central government.

The orders passed by a singlejudge bench of Justice Shahrukh Kathawalla brought some respite to the firm, which is considered to be the first clean label company in the country in respect of food.

The start-up firm had petitioned the bench, challenging the orders passed by the ASCI, a selfproclaimed regulatory body after it disallowed them from telecasting three of its TV ads related to one of its products. The ASCI had passed adversarial orders against the firm on the complaint made by the Consumer Complaints Council (CCC), since December 2017. The firm claimed though it was not a member of the ASCI, it still modified its commercials twice in January and March this year. However, the regulatory body continued passing adversarial orders and dragging the firm to various courts in India.

Having considered the submissions, Justice Kathawalla said, “This Court has repeatedly observed that the defendant (ASCI) in the garb of acting as a voluntary self-regulatory Council cannot act as a statutory regulator and cannot arrogate to itself the powers of restricting/restraining or causing the restriction/restraint of any commercial advertisements belonging to a party who is not a member of the ASCI. Prima facie, I agree with the submissions made on behalf of the Plaintiff (Start-Up Firm) that since it is not a member of the ASCI, there exists no legal relationship between the firm and the Council and it cannot exercise its jurisdiction over the firm whether directly or indirectly in the garb of regulating its own members.”

“The firm has made out a strong prima facie case in its favour. The inability of the firm to telecast and communicate the television commercials and continue with its claims with regard to the product of the firm in light of the Impugned Decisions is likely to cause irreparable harm, injury and damage to the said firm,” Justice Kathawalla observed. “It is in these circumstances, that the firm deserves protection through an ad interim order. The ASCI to clarify its stand on the issue on May 16, the day when the matter would be heard further,” Justice Kathawalla added.