Delhi HC Restrains Beco’s ‘War On What’s Hidden’ Ads Targeting HUL Products

The Delhi High Court has barred D2C brand Beco's parent company, Kwick Living, from continuing its "War on What's Hidden" advertising campaign that targeted HUL's Surf Excel and Vim products. The ad compared Beco's cleaning products with the competitors' offerings, claiming certain ingredients in HUL's products could cause skin irritation and allergic reactions.

The campaign urged consumers to "Switch to BECO". While comparative advertising is allowed, it becomes illegal when the overall message is false, misleading, or deceptive. The court found that Beco could not prove the truth of the statements made in the campaign. As a result, Kwick Living must pull down, remove, and recall all ads containing the disputed statements within one week and file an affidavit of compliance within a week thereafter.

The court's decision came after HUL's plea against Beco's campaign, which alleged commercial disparagement, trademark and trade dress infringement, copyright infringement, passing off, and unfair competition. Beco defended the ads, stating that its claims were verified through independent laboratories and supported by scientific literature and references from WHO, OECD, and European Chemicals Agency.

The court, however, could not determine the validity of these claims at the interim stage and will examine them through evidence and expert testimony during the trial.