Delhi High Court asks Dabur to show scientific proof for its ad claims that fluoride harms health. Colgate says the ad misleads consumers and unfairly targets its products.
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NEW DELHI: The Delhi High Court ordered Dabur India Ltd. to provide scientific evidence to back up the claims made in its advertisement, which suggested that fluoride in toothpaste could lead to harmful health effects.
These include lower IQ in children, brittle bones, and spotting on teeth.
Justice Amit Bansal issued this order in response to a plea from Colgate-Palmolive, seeking to prevent Dabur from making such claims in its advertisements. Colgate argued that these advertisements were misleading and disparaged fluoride-based toothpaste, indirectly targeting Colgate’s products, which also contain fluoride.
The Court has asked Dabur to respond and provide supporting evidence for the statements made in the advertisement.
“Along with the reply, the defendant (Dabur) shall place on record material to justify the following claims made by the defendant in the said advertisement on account of the presence of fluoride in a toothpaste: – (i) Lower IQ in kids (ii) Brittle Bones (iii) Spotting on teeth,”
-the Court added.
Colgate’s complaint was that Dabur’s tagline,
“Does your favourite toothpaste have fluoride?”
featured in a print ad released on World Oral Health Day, was an indirect reference to Colgate, a market leader in fluoride toothpaste. The ad appeared in The Times of India on the same day that Colgate had its own advertisement on the front page promoting fluoride toothpaste.
Dabur’s advertisement claimed that fluoride-based toothpastes could cause health problems such as lower IQ in children, brittle bones, and dental fluorosis. However, Colgate argued that these claims were scientifically baseless and misleading.
The company pointed out that fluoride in regulated amounts (up to 1000 ppm) has been approved by health authorities worldwide for preventing tooth decay. Colgate further contended that Dabur’s campaign was an unfair competition tactic because it criticized an entire category of products, rather than just making comparative claims about its own products.
This legal dispute dates back to a 2019 case, in which the Court had previously ordered Dabur to modify its advertisements, as they were found to be too similar to Colgate’s packaging. While Dabur complied with the visual changes, Colgate has now raised concerns about Dabur’s ongoing claims regarding fluoride-based toothpastes.
Dabur has stated that, without prejudice to its legal rights, it would remove the word “favourite” from the advertisement. However, the company defended its campaign, saying that the ads only highlighted “potential risks” faced by consumers, based on selected studies.
Justice Bansal has granted Dabur two weeks to submit a reply, and Colgate will have two weeks thereafter to file a rejoinder.
The next hearing is scheduled for May 27, 2025.
Colgate was represented by Senior Advocate Amit Sibal, along with Advocates Saif Khan, Achuttan Sreekumar, Rohit Bansal, and Swastik Bisarya from Anand & Anand.
Dabur was represented by Advocates Hemant Singh, Mamta Rani Jha, Manish Kumar Mishra, Akansha Singh, and Harshit Raj, along with Advocate Jawahar Lal from J-Law offices.
CASE TITLE:
Dabur Vs Colgate
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