SC refuses relief to HLL in Pears case

NEW DELHI: The Supreme Court on Monday refused to grant relief to Hindustan Lever which is facing prosecution in connection with its new product Pears Pure and Gentle Bathing Bar. The new product has allegedly misled consumers on account of being misbranded and mislabelled.

A bench comprising Justice CK Thakker and Justice PK Balasubramanyan dismissed a petition filed by Hindustan Lever Ltd.

The company is facing prosecution in Andhra Pradesh after the state’s drugs inspector alleged that the product Bathing Bar was spurious as the words were not conspicuously mentioned on the label.

It is also facing the charge that its product Pears Pure and Gentle Bathing Bar resembles Pears pure and Gentle Toilet Soap and it was misbranded since the packaging date mentioned on the label was Nov 2003 though the product was reportedly found in the market in October 2003.

The complainant referred to the provisions of the Drug and Cosmetics Act, 1940 and D&C Rules, 1945. Challenging the case, HLL in its petition filed in the apex court said that its new product cannot be said to be an imitation of Pears Pure and Gentle Toilet Soap.

How could it be misleading to the consumers when both the products were not available in the market at the same time, it said adding that the production of Pears Pure and Gentle Toilet Soap stopped much before the introduction of the new product.

sanjay.sharma@timesgroup.com