Delhi HC tells Dabur to back anti-fluoride ad claims after Colgate objects
The legal tussle also recalls a 2019 court case, when Dabur was asked to tweak ads that resembled Colgate’s packaging. This time, the conflict hinges on the content of Dabur’s fluoride-related messaging.
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The Delhi High Court has directed Dabur India Ltd. to submit scientific evidence supporting its recent advertising claims that fluoride in toothpaste could lead to health concerns like lower IQ in children, brittle bones, and dental spotting.
The order came after Colgate-Palmolive filed an application alleging that Dabur’s ad campaign—particularly the tagline, “Does your favourite toothpaste have fluoride?”—was misleading and disparaging. The ad appeared in The Times of India on World Oral Health Day, the same day Colgate ran a full-page promotion for its fluoride-based toothpaste.
Justice Amit Bansal stated that Dabur must justify three specific claims made in the ad:
Fluoride lowers IQ in children
Causes brittle bones
Leads to spotting on teeth
Colgate argued that the campaign unfairly targets fluoride as a whole, a compound globally endorsed by health authorities for its role in preventing tooth decay when used within safe limits (up to 1000 ppm). The company said Dabur’s messaging undermines an entire product category, amounting to unfair competition rather than comparative advertising.
The legal tussle also recalls a 2019 court case, when Dabur was asked to tweak ads that resembled Colgate’s packaging. This time, the conflict hinges on the content of Dabur’s fluoride-related messaging.
In its preliminary submission, Dabur offered to remove the word “favourite” from the tagline (without prejudice to its stance), claiming the campaign merely highlighted “potential risks” based on selective studies, not definitive health claims.
The Court has given Dabur two weeks to file its reply and Colgate another two weeks for its rejoinder. The matter will be heard again on May 27, 2025.
Legal Teams are as follows -
Colgate-Palmolive: Sr. Advocate Amit Sibal, with Saif Khan, Achuttan Sreekumar, Rohit Bansal, and Swastik Bisarya (Anand & Anand). Dabur: Advocates Hemant Singh, Mamta Rani Jha, Manish Kumar Mishra, Akansha Singh, Harshit Raj (Inttl Advocare), and Jawahar Lal (J-Law Offices)
