Statement of Facts

HealthyBody (Plaintiff's Health Drink) is

one of the key brands in the health food
drinks variety available in India. It is a
brand owned by the Healthy Products Ltd
(Plaintiff). It is a brand owned by the
Healthy Products Ltd (Plaintiff).lt claims to
have been clinically proven to make kids
who drink this beverage regularly taller,
stronger, and sharper. It further asserts
that regular consumption of Healthy Body
combined with a healthy diet as well as a
healthy lifestyle can lead to quantifiable
enhancement in the growth and
development of the child along with better
concentration power.
Swasth (Defendant's Health Drink), on
the other hand, is a powdered milk
energy drink which is again preferred in
many Indian households. It is a brand
owned by
Body Wellness Products Limited
(Defendant).ln mid 2020 Swasth aired an
advertisement and declared that one cup
of Swasth was equivalent to two cups of
Healthy Body, thus providing the same
amount of protein in one cup of Swasth
that HealthyBody furnished in two cups.

Issues raised:-
1. Whether the defendants advertisement
mislead the consumers?

2. Whether the defendants advertisement

disparge the plaintiff's product and tarnish
their image?

3. Whether a advertisement can be

protected under Article. 19(1)(a) of the
Indian Constitution as a freedom of
speech?