Last week, Honasa Consumer moved the Delhi High Court to its larger rival Hindustan Unilever (HUL). Cause: Sunscreen. Honasa questioned HUL’s latest ad, which claimed that its sunscreen “depreciates” Derma Co. Mint explain.
What is Honasa’s complaint against HUL?
HUL’s Lakmé Sunscreen latest ad focuses on the high protection provided by the SPF 50. However, it also compares the product to bottles that look like the average yellow rival sunscreen, which ads say can only offer SPF 20, while claiming to own SPF 50. Delhi High Court Honasa said Derma Co’s sunscreen has been an Amazon bestseller. More importantly, HUL tagged the AD’SPF Lie detector test, which means its competitors are about its advertising revenue.
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What’s the big deal about advertising?
SPF or sun protection factor measures sun protection function. Generally, higher SPF means better protection of the harmful effects of sunlight and UV radiation. In its latest ad, Lakmé not only doubts about the actual SPF of its competitor sunscreen, but also calculates it. Lakmé claims its sunscreen has been tested “in-body”, meaning the product’s efficiency has been checked on the actual skin. This is the gold standard for skin care testing. In court, HUL claimed that when it tested the dermis sunscreen in vivo, it found that it had a SPF of only 20.
So what will happen now?
The Delhi High Court will continue to hear the case. Meanwhile, it has ordered HUL to change any references to genuine leather Co in its ads and remove existing billboards. Hul also sued Honasa founder Ghazal Alagh in the Mumbai High Court, where her social media post defended her product and mocked Lakmé for going to the “in vivo test SPF50 club”. She later deleted her post.
Can brands belittle each other?
it depends. Taking a photo on your competitor is an established advertising strategy. In the past, HUL has sued other competitor brands for ads that have lowered their products. In 2022, it sued German soap brand Sebamed for advertising, claiming that Hul’s Dove is not that good for skin. In 2017, it also sued dairy giant Amul for advertising, claiming that Hul’s Kwality Walls are not “real” ice cream, but frozen desserts made from hydrogenated vegetable oils. In these and other cases, Indian courts have repeatedly ruled that comparative advertising is legal.
So where do these ads cross the line?
As long as the comparison is factual and supported by evidence, you can compare yourself to your competitors. Anything else can be considered a “depreciation.” In this sun protection battle, HUL filed a lab test report in court to prove that Derma Co’s sunscreen is only SPF20. But Honasa advocates said the report was “incomplete” and submitted a competitor’s report supporting its claims about Derma Co’s sunscreen SPF50. As the hearing continues, this evidence is crucial to decide whether Lakmé’s ad is factual or delaying competitors.
