Delhi High Court stays ASCI order barring 'Kent deta hai sabse shudh paani' tagline; says puffery is part of advertising

The Delhi High Court recently stayed an order passed by the Advertising Standards Council of India (ASCI) directing Kent RO to withdraw its tagline “Kent deta hai sabse shudh paani (Kent gives the purest water)” [Ms Kent RO Systems Ltd v. The Advertising Standards Council of India through its General Secretary & Ors]..In an order passed on January 19, Justice Prathiba M Singh observed that Kent has been using the tagline for nearly 15 years, and that exaggeration and puffery are permitted in advertisements.The Bench said that advertising is a part of commercial speech which is a recognized aspect of Article 19(1)(a) of the Constitution of India.It also noted that no consumer had made a complaint against Kent.“No consumer has complained that he/she is misled due to the exaggeration that the Plaintiff gives the most pure water. Such exaggerations, puffery, hyperbole is part of advertising which cannot be completely curtailed, except in accordance with law. In the field of advertising some `play in the joints’ is always recognised and permitted,” the Court said..ASCI passed the order on December 29, 2023 after observing that Kent’s claim was without any supporting data. The order was passed on a complaint filed by TTK Prestige..Kent had approached the High Court against this order, arguing that it is not a member of ASCI, despite which the order was passed against it and communicated to various broadcasters.The company argued that it has the trademark rights and copyrights on the tagline ‘Kent deta hai sabse shudh paani’ and the same is nothing but puffery, which is a recognized form of advertising..Meanwhile, ASCI said that it is a regulatory body of the industry and its recommendations are binding even on non-members.The Council further contended that the case is premature as no channel or governmental authority has taken any action against Kent..However, the Court was of the view that whether the jurisdiction of ASCI would extend to non-members need to be considered.“In addition, this Court has also persuaded on behalf of the Plaintiff that the advertisement-in-question has been broadcasted since 2007 ie, for more than 15 years. Under such circumstances, the Court is also not inclined to permit the order of ASCI to have an effect on the Plaintiff thereby curtailing its advertising right.”Justice Singh, therefore, passed an interim order staying the ASCI ruling..Senior Advocate Darpan Wadhwa along with Advocates Ruchira Gupta, Harshita Sharma, Neelakshi Bhadauria, Divita Vyas and Amer Vaid appeared for Kent.ASCI was represented through Advocate Avni Singh. .[Read order]