FoodPharmer tells Delhi HC he will request BeerBiceps to remove Bournvita references in podcast
Health influencer Revant Himatsingka (FoodPharmer) will request the takedown of any references to Bournvita in an interview he gave as part of the BeerBiceps' podcast, Himatsingka's counsel told the Delhi High Court on Thursday.
The Court was hearing an application by Mondelez India (Bournvita) alleging that Himatsingka had violated an interim injunction order restraining him from making remarks against Bournvita.
Appearing before Justice Amit Bansal, Himatsingka's counsel, Senior Advocate Rajshekhar Rao volunteered to request Ranveer Allahbadia (who runs the BeerBiceps channel) to take down any allegedly disparaging remarks on Bournvita.
The Court recorded the same in its order passed today.
Senior Advocate Rajiv Nayar, who represented Mondelez, requested that Mondelez too be allowed to personally request Allahbadia to take down these references. However, the Court declined to pass any order to this effect.
"Why make it adversarial? Let him (FoodPharmer) do it (make the request) ... Matter is coming in ten days," the judge observed.
The Court also orally observed that there are many unhealthy products part of the market today, whether it be because of their high sugar content or otherwise.
"In a larger context, so many of the products that are selling in the market are unhealthy. It could be because of high sugar content. I don't want to take names," Justice Bansal remarked.
FoodPharmer's counsel replied that, in all fairness, the health influencer has been targeting all such 'unhealthy' products. Even in Bournvita's case, the sugar content has now been reduced after his campaign, Rao said.
The Court observed that there is no intention to 'silence' him, but it may have to examine the confines of his free speech. For this, the Court may have to visit foreign case laws as well, the judge noted.
The matter will be head next on November 27.
Mondelez has sued for defamation on the ground that he published more than 150 posts/ videos targeting and disparaging its products, 'Bournvita' and 'Tang'.
On October 15, the Court had opined that Mondelez (Bournvita) had made out a prima facie case of defamation against Himatsingka. Therefore, the Court had restrained Himatsingka (FoodPharmer) from issuing, uploading or telecasting any videos, publications or posts that disparage Bournvita.
Mondelez later filed an application objecting to remarks made by Himatsingka in a podcast interview uploaded by Ranveer Allahbadia on his YouTube channel 'BeerBiceps' on November 7.
This podcast was reposted by Himatsingka on his social media handle 'FoodPharmer' on November 8, the application added.
Mondelez alleged that in this podcast, Himatsingka made defamatory references against 'Bournvita', which violated the October 15 interim injunction against him.
Senior Advocate Rao (Himatsingka's counsel) today admitted that the health influencer had earlier shared the BeerBiceps interview on his social media handle 'FoodPharmer' but added that it has now been taken down in light of the court’s interim order.
However, the said podcast video was still up on Allahbadia's 'BeerBiceps' channel. Senior Advocate Rao, therefore, volunteered to ask his client to request Allahbadia to take down Bournvita references from his podcast.
Advocates Nakul Gandhi, Eshna Kumar, Mujeeb, Gloria Purty and Harshil Wason also appeared for Revant Himatsingka.