The Delhi High Court has directed Dabur India Ltd. to produce scientific evidence supporting claims made in its recent advertisement campaign that fluoride in toothpaste may lead to health issues such as lower IQ in children, brittle bones, and spotting on teeth.

The directive came in response to an application filed by Colgate-Palmolive, which sought to restrain Dabur from making such assertions. The matter was heard by Justice Amit Bansal, who noted that Dabur must place on record material to substantiate the health risks attributed to fluoride in the ad campaign.

Specifically, the court instructed Dabur to justify three claims made in the advertisement:

1. Lower IQ in children

2. Brittle bones

3. Dental spotting due to fluoride

Colgate has alleged that Dabur’s advertisement—particularly the tagline “Does your favourite toothpaste have fluoride?”—is misleading and indirectly targets Colgate’s fluoride-based toothpaste, which holds a significant market share. The contested ad appeared in The Times of India on World Oral Health Day, coinciding with Colgate’s own front-page promotion of fluoride toothpaste.

Colgate contends that the advertisement is not only scientifically unfounded but also amounts to disparagement of an entire category of fluoride-based products. The company highlighted that fluoride, when used within regulated limits (up to 1000 ppm), is approved by health authorities globally for preventing tooth decay. According to Colgate, Dabur's campaign amounts to unfair competition, as it discourages the use of fluoride across the board rather than offering a direct comparison with its own products.

The dispute traces back to a 2019 legal episode, in which the Court had previously asked Dabur to alter advertisements that bore a close resemblance to Colgate’s packaging. While Dabur complied with those visual modifications, the present conflict centers on the content of its fluoride-related claims.

In its preliminary response, Dabur submitted that it would, without prejudice to its legal stance, remove the word “favourite” from the tagline in question. However, the company defended its campaign by asserting that it was merely highlighting "potential risks" based on selected studies, rather than issuing definitive statements.

Justice Bansal has granted Dabur two weeks to file its reply, followed by two weeks for Colgate to file a rejoinder. The case is scheduled for further hearing on May 27, 2025.

Legal Representation:

• Colgate-Palmolive was represented by Senior Advocate Amit Sibal, along with Advocates Saif Khan, Achuttan Sreekumar, Rohit Bansal, and Swastik Bisarya from Anand & Anand.

• Dabur was represented by Advocates Hemant Singh, Mamta Rani Jha, Manish Kumar Mishra, Akansha Singh, and Harshit Raj from Inttl Advocare, and Jawahar Lal from J-Law Offices