The Bombay High Court has temporarily restrained Dabur India Ltd from using its toothpaste label featuring ‘NEEM’ as the leading and essential feature in an interim order favouring Jyothy Labs Ltd. in a trademark infringement and passing-off suit as reported by Live Law. Justice Arif S. Doctor, while allowing the interim application, clarified that Dabur was not barred from using the word ‘NEEM’ descriptively, but could not use it as a prominent, source-identifying feature on the label.

Jyothy Labs, which manufactures, markets and sells products under brands including Ujala, Pril, Maxo, Margo and Henko, claimed that its predecessor Calcutta Chemical Company Ltd had adopted and used ‘NEEM’ for toothpaste around 1920.

Jyothy Labs said it came across Dabur’s application to register a label mark featuring ‘NEEM’ in August 2020 and opposed it. It alleged that Dabur commenced using the impugned label in the last week of December 2020 despite the pending opposition, prompting the suit. The Court prima facie rejected Dabur’s contention that ‘NEEM’ was generic. It noted that material relied on by Dabur itself showed the word being used across hair oil, soap, detergents, and several other products.

“This material does not establish that ‘NEEM’ is the generic name of toothpaste; it in fact indicates otherwise,” the Court observed. The Court further found that the material prima facie supported the view that ‘NEEM’ was suggestive rather than descriptive, as a consumer would have to make an “imaginative leap” to connect the word with toothpaste.

The importance of correct, transparent and prominent labelling was also raised in the Supreme Court. The Supreme Court also questioned the reluctance of FSSAI to introduce front-of-pack warning labels on packaged food products containing high levels of sugar, salt and saturated fat. SC was hearing a case in which the court had earlier urged the FSSAI to consider introducing such warning labels in the interest of public health. The court took critical note that the FSSAI was hesitant to implement such a measure, going by the minutes of a meeting held by the food standards watchdog. The Supreme Court asked if FSSAI was bowing down to corporate entities involved in food manufacturing. “Are you taking the court for a toss? There is immense pressure at the end of all these corporate houses on you. And you are succumbing to that pressure. We are doing this in public interest. Keep that in mind. We are not doing it for ourselves. Why are you not abiding by our order? What have you done so far? We know the pressure on you. Will you do it on your own or should we pass an order?” the Bench remarked.

Times Now Digital’s “E-Comms Hiding Health Info” campaign has been reporting consumer complaints, what health experts and legal experts believe and the measures FSSAI has taken so far. The campaign has highlighted how India’s quick commerce and e-commerce boom cannot undermine consumers’ right to information and how consumer awareness and transparency is critical for all that they consume going forward.