Baygon to remove ‘No 1 in Pakistan’ from ads

Competitor Mortein had lodged a complaint with the CCP.

ISLAMABAD: The Competition Commission of Pakistan (CCP) has termed the slogan ‘No. 1 in Pakistan’ used by Baygon in advertisements as false, deceptive and misleading.

The CCP disposed of the show cause notice issued to SC Johnsons & Sons, manufacturer of Baygon, on Monday following assurance by the company that the slogan will be withdrawn from its marketing campaign within the next ten days, says a statement issued by the CCP.

The issue was taken by the anti-trust watchdog after a complaint was lodged by competitor Reckitt Benckiser Pakistan Limited, manufacturer of Mortein, alleging that SC Johnsons & Sons’ recently launched marketing campaign through print and electronic media is deceptive and misleading.

Reckitt Benckiser Pakistan submitted that according to a recent survey conducted by AC Nielson Retail Audit, the product of the Reckitt Benckiser Pakistan Limited Mortein has an overall market value share of 39.7% in Pakistan whereas SC Johnsons & Sons’ Baygon has an overall market value share of 5.7% in Pakistan.

During the hearing, the respondents did argue that the claim of being ‘No. 1 in Pakistan’ is ‘puffery’ which is not prohibited. However, the CCP observed that a puffing statement is generally vague and unquantifiable, or is so grossly exaggerated that no ordinary consumer would rely on them.

Puffery in legal term refers to promotional statements and claims that express subjective rather than objective views, which no reasonable person would take literally.

However, in the subject claim, neither the word ‘No. 1’ nor ‘Pakistan’ in any manner suggest a general impression towards the consumers and can be identified and quantified, hence, the claim ‘No. 1 in Pakistan’ cannot be termed puffery, the commission observed.

CCP also observed that Brand of the Year Award 2010 was awarded to the respondent for their ‘aerosol products’ whereas, in the advertisement, the claim of being ‘No. 1 in Pakistan’ is used with reference to all of the products. Just by winning the ‘Award of the Year’ in any particular category from the Brands Foundation, would not entitle any undertaking to make any such absolute claim, adds the statement.

Published in The Express Tribune, January 24^th, 2012.