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Telecast of Amul’s misleading frozen dessert ad suspended

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MUMBAI: The Bombay High Court has directed popular FMCG brand Amul to suspend the telecast of the television commercial that showed frozen desserts in a negative light. The court has found the advertisement to be disparaging to HUL’s Kwality Walls brand having a market share of around 51 per cent.

Hindustan Unilever Ltd (HUL) has submitted that the said commercial, along with its transcripts, depicted a child being discouraged from eating frozen dessert on the grounds that it contained vanaspati oil (which is adverse to health). Kwality, in its plaint, however, averred that its frozen desserts do not contain vanaspati, and are made using vegetable fat.

In March 2017, HUL had filed a suit before the Bombay High Court claiming that the Gujarat Co-operative Milk Marketing Federation, which takes care of Amul’s marketing was spreading malicious information about its Kwality products. The court yesterday held that the ad showing the difference between frozen desserts and ice-cream amounted to slander.

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The court, in its order, stated that Amul has been restrained from broadcasting, telecasting or otherwise howsoever communicating to the public or publishing two television commercials or any part or any other advertisement of a similar nature, denigrating or disparaging Kwality products, including frozen desserts.

HUL has also charged that the Amul TVC designed to mislead the public into believing that an entire class of products are frozen desserts, and are, therefore, unfit for consumption. According to HUL, a majority of Kwality products sold in India are classified as frozen desserts under the Food and Safety Standards Act, 2006.

While deciding the issue, Justice SJ Kathawalla delved into the difference between ice-cream and frozen desserts as per Regulation 2.1.7 of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011. As per the Regulations, the distinguishing factor between the two is that ice creams must contain over 10% milk fat, whereas frozen desserts must contain over 10% total fat (i.e. milk fat and/or edible vegetable oil).

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The law also distinguishes between edible vegetable oil, which the plaintiffs use in their products and hydrogenated vegetable oil, commonly referred to as Vanaspati. After seeing the ad, the court held, “The Defendants have therefore made a false representation to the consumers and also indulged in a negative campaign that no frozen dessert is pure, and only Amul ice cream is pure, as all frozen desserts contain Vanaspati, and are therefore inferior.”

The court also said that the disclaimer of the ad clarifying that “vanaspati” refers to “vegetable oil” was misleading. Moreover, the defendants had issued another ad replacing “vanaspati” with “vanaspati Tel” in the voiceover, which the court said made no difference whatsoever.

The defendants claimed that their TVCs were part of a campaign to educate the consumers about the difference, and were not targeted at denigrating the plaintiff’s products. Justice Kathawalla said: “Any campaign to educate the members of the public by placing before them the true and correct facts/ingredients used in a product should always be welcomed. However, no manufacturer can place misleading information before the consumers qua the product of his rivals, and thereby disparage/discredit/belittle such product including influencing the consumer not to buy the same in the garb of educating and/or bringing the correct facts before the members of the public…”

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MAM

Madison World to launch AI platform M BrAIn for media planning

Agency group invests about $1 million as it shifts to AI driven growth planning.

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MUMBAI: If media planning once ran on spreadsheets and gut instinct, the next chapter may run on algorithms and curiosity. Madison World is preparing to roll out the first version of its proprietary artificial intelligence platform Madison M BrAIn in early April, as the independent agency group accelerates its transition toward AI driven planning and product led media services.

The platform, expected to involve an investment of around $1 million, is designed to reshape how the agency approaches strategy by combining internal knowledge, external data sources and advanced AI models into a single intelligence ecosystem.

According to Madison Media, OOH and Hiveminds partner and group CEO Ajit Varghese the initiative forms part of a larger structural rethink within the organisation. “Traditionally agencies built frameworks around media planning and allocation. We are redesigning that structure into what we call a Growth Planning System (GPS),” Varghese said.

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The shift reflects a growing belief that effective media strategy must begin earlier in the decision making process. Instead of jumping directly to channel allocation, planners must first decode the market itself identifying consumer barriers, purchase triggers and the core challenges facing a brand.

Once those insights are mapped, agencies can build clearer growth agendas for clients and design media strategies that connect more closely with business outcomes.

To support that approach, Madison has built Madison M BrAIn as what it describes as a human AI cognitive ecosystem. Acting as a central intelligence hub, the platform aggregates proprietary insights alongside external data sources and large language models, enabling planners to access deeper market intelligence before building campaign strategies.

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Varghese said one of the core objectives is to democratise knowledge across the organisation. “In the past, this level of understanding was largely available to senior leaders or experienced strategists. With Madison M BrAIn, even a junior planner should be able to access the same intelligence and approach clients with a far more informed perspective,” he said.

The agency has already implemented the new planning philosophy internally and completed three months of testing for the AI platform, with early trials showing encouraging results in terms of learning capability and system performance.

While the first version relied on global large language models, Madison is now developing its own proprietary Small Language Model (SLM) to serve as the core of the M BrAIn ecosystem.

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“The SLM will be able to read global LLMs, but the LLMs cannot read the SLM,” Varghese explained. “That ensures all the intelligence we build remains within the Madison ecosystem and strengthens our proprietary knowledge base.”

The first version of Madison M BrAIn is expected to go live in early April, with a more refined version targeted by the end of June. Over time, the platform will integrate additional external data streams and APIs including consumer insight platforms, social listening tools and client datasets.

These integrations are expected to enhance the system’s learning capability and enable it to generate increasingly sophisticated strategic recommendations.

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Although the platform is currently being deployed for internal use, Madison sees potential for it to evolve into a licensable product in the future.

“At the moment, our focus is to stabilise and strengthen M BrAIn internally. But over time there is potential for this to become a product that could be licensed externally,” Varghese said.

The AI platform is also part of a wider technology transformation underway at the agency group. Alongside M BrAIn, Madison is building a broader digital infrastructure called the Catalyst operating system, which aims to integrate operational processes, data and product platforms into a unified ecosystem.

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This broader technology stack could require an additional $1 million to $1.5 million investment over time, though spending will be phased and reviewed regularly.

“We are evaluating progress every three months and prioritising the most critical capabilities first,” Varghese said.

Madison expects the full AI and operating ecosystem to be fully functional within 12 to 18 months, positioning the agency to combine human strategy with machine intelligence as the advertising industry enters its next data driven phase.

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