Home / Legal Explainers / Citizen Rights & Constitution / Fundamental Rights / Freedom of Speech and Expression / Right to Advertise through Comparison with Other Products

Right to Advertise through Comparison with Other Products

Last updated on Aug 23, 2022

The right to advertisement is protected as part of the freedom of speech. However, comparative advertisements, where two or more products are compared to bring out the advantages of the advertisers’ products, have been challenged on grounds of intellectual property and defamation. 

The Delhi High Court faced a challenge to an advertisement for Complan, produced by Heinz in 2019.((Horlicks Limited v. Heinz India Private Limited, (2019) 256 DLT 468)) Horlicks Ltd. asked for an injunction on the grounds that it had unfavourably compared Heinz’s products with that of Horlicks, and had also infringed on its (Horlicks’) trademark.

The Delhi High Court observed that the comparison in the advertisement was fair, and advertisements for a product, which depicted a fair comparison with a competitive product, were permissible. It was a protected form of commercial expression under Article 19(1)(a), and could only be restricted by the limitations mentioned under Article 19(2), none of which applied to this case. 

How useful was this post?

Click on a star to rate it!

Average rating 0 / 5. Vote count: 0

No votes so far! Be the first to rate this post.

Please share your feedback about this post!

Sharing feedback will help us improve our content. Tell us how!

If you want to keep your feedback confidential, please mention it in your feedback. If you have a question, please ask us in the comments or Ask Nyaaya sections.

Leave a Reply

Your email address will not be published. Required fields are marked *

Have a question you want to ask our legal experts?

Ask Nyaaya

Related Resources

Guide on the Rights of Transgender Persons in India

This Guide discusses the general provisions in the Constitution of India, the Transgender Persons (Protection of Rights) Act, 2019 and the Transgender Persons (Protection of Rights) Rules, 2020.
citizen rights icon

Advertisement of Tobacco Products

It is illegal to advertise cigarettes or tobacco products and can lead to jail time of up to 2 years and/or a fine of up to Rs. 1000.

Patient Rights in India

Patients' Rights include specific laws which guide medical health professionals in maintaining a standard of care and treatment of patients.

Guide to Lawful Protesting

The Guide to Lawful Protesting helps you understand your right to protest as a citizen and empowers you with the knowledge of how to carry out lawful protests.
citizen rights icon

Rights of Persons with Mental Illness

Persons with mental illness have certain rights under the Mental Healthcare Act, 2017, so as to safeguard them from discrimination and harm.

Types of Consumer Complaints

Complaints may be filed regarding e-services, misleading advertisements, restrictive trade practices, spurious/defective goods, food etc.