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HUL vs Beco: Why Surf Excel And Vim Ads Have Reached Delhi High Court

The Delhi High Court is hearing HUL’s plea against Beco over advertisements alleging that Surf Excel and Vim contain ingredients that may cause skin irritation and allergies

Summary
  • The court questioned whether Delhi is the right jurisdiction to hear HUL’s plea.

  • Beco’s campaign names Surf Excel and Vim and raises questions about their ingredients.

  • The matter will return for final arguments on Monday.

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The Delhi High Court on Friday questioned whether it has the territorial jurisdiction to hear Hindustan Unilever Ltd’s (HUL) plea against home-care brand Beco over advertisements targeting its Surf Excel and Vim products, according to a Mint report.

Justice Anup Jairam Bhambhani questioned whether the availability of Beco’s social media posts and website in Delhi was enough to establish a cause of action in the city. The court also noted that Delhi cannot be the only Intellectual Property Rights (IPR) court for such disputes.

HUL’s counsel is seeking action against Beco over advertisements that allege its products contain chemicals that can cause skin irritation and allergies. Beco, however, has challenged whether the case should be heard in Delhi.

Why The Court Is Questioning Jurisdiction

Beco’s counsel argued that HUL’s principal place of business and the physical advertisement identified in the case are in Mumbai. The counsel said HUL would need to show that Beco specifically targeted consumers in Delhi through its online activities.

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The court also suggested that HUL could withdraw the petition and approach the Bombay High Court instead. “If you want to put paid to this argument on jurisdiction, withdraw it, go to Bombay,” Justice Bhambhani said during the hearing.

Beco’s counsel argued that simply being able to view an advertisement or access a website in Delhi should not by itself establish jurisdiction. The court is expected to hear final arguments in the matter on Monday.

What Beco’s Campaign Says

Beco’s advertising campaign, #WarOnWhatsHidden, features Surf Excel and Vim Dishwash Gel and asks consumers to look more closely at the ingredients in everyday home-care products.

The campaign claims that the products contain ingredients including benzisothiazolinone (BIT) and linear alkylbenzene sulfonate (LAS). Beco says its own laundry and dishwash products are formulated without BIT and LAS.

Founded in 2019 by Aditya Ruia, Akshay Varma and Anuj Ruia, Beco sells home-care and personal-care products including dishwash liquid, floor cleaner, laundry liquid, facial tissues and bamboo toothbrushes.

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The company positions itself as a provider of sustainable and eco-friendly alternatives to single-use plastics and packaging. Its investors include Tanglin Venture Partners, Titan Capital Winners Fund, Asian Paints promoter Manish Choksi, Rukam Capital and Synergy Capital, among others.