Legal Case Summary

Case Details
Case ID 162a0aa0-ad57-4f9b-98a2-5968a523aecc
Body View case body.
Case Number J.C.M. Petition No. 24 of 2016
Decision Date Jun 21, 2017
Hearing Date May 04, 2016
Decision The Competition Commission of Pakistan found that the marketing practices of the dairy companies, specifically Engro Food Limited, Noon Pakistan Limited, and Shakarganj Food Pakistan Limited, constituted deceptive marketing practices under section 10 of the Competition Act, 2010. The Commission concluded that these companies misled consumers by advertising their products as milk or milk substitutes without proper disclosures. Engro Food Limited's product, Dairy Omung, was found to create a false impression as it was marketed as a milk alternative while failing to clearly state it was a dairy drink. Consequently, the Commission imposed penalties on the companies involved and mandated corrective actions to ensure future compliance with the law.
Summary In the case concerning deceptive marketing practices in the dairy industry, the Competition Commission of Pakistan scrutinized the advertising methods employed by Engro Food Limited, Noon Pakistan Limited, and Shakarganj Food Pakistan Limited. The Commission determined that these companies misrepresented their products, leading consumers to believe they were purchasing milk or its substitutes, rather than dairy drinks. The findings were based on consumer complaints and an inquiry that highlighted misleading advertising strategies that violated the Competition Act, 2010. The ruling emphasized the importance of transparent marketing practices, particularly in the food and beverage sector, to protect consumers from deceptive claims. The Commission has mandated these companies to revise their marketing strategies and clearly label their products to avoid further violations, thus setting a precedent for future advertising standards in Pakistan's dairy market.
Court Competition Commission of Pakistan
Entities Involved Engro Food Limited, Noon Pakistan Limited, Shakarganj Food Pakistan Limited, Messrs Orr. Dignam and Co.
Judges MS. VADIYYA KHALIL, DR. SHAHZAD ANSAR, IKRAM UL HAQUE QURESHI
Lawyers Rafay Azim, Associate for Messrs Orr. Dignam and Co., Waqas Qadeer Shaikh, Advocate High Court for Mr. Shakarganj Foods
Petitioners Not available
Respondents Engro Food Limited, Noon Pakistan Limited, Shakarganj Food Pakistan Limited
Citations 2017 SLD 1419 = 2017 CLD 789
Other Citations Not available
Laws Involved Competition Act, 2010
Sections 10, 10(2)(a), 10(2)(b), 10(2)(c), 30, 37