Advertisers are free to create commercials that compare things generically without mentioning specific rivals: Delhi High Court

According to a recent decision by the Delhi High Court [Zydus Wellness Products Ltd v. Dabur India Limited], an advertiser may use commercials that make a “generic comparison” with a product in a same or related category without specifically mentioning any competitors.

According to Justice Prathiba M. Singh, it should be acceptable to make a general comparison that highlights the strengths of the product without attacking its rivals in order to depict a specific product as being superior to or better than already available items.

If so, the Court warned that the advertisement’s effectiveness may be significantly diminished.