| Case ID |
3ba9fe6f-5dc6-4208-8fac-dd7c0b0875fd |
| Body |
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| Case Number |
File No. 3(1)/DIR(L)/CCP/2009 |
| Decision Date |
Feb 23, 2010 |
| Hearing Date |
|
| Decision |
The Competition Commission of Pakistan found that Proctor and Gamble (P&G) engaged in deceptive marketing practices by falsely claiming that their Head and Shoulders shampoo is the world's No. 1 anti-dandruff shampoo and that it renders hair '100% dandruff free'. The Commission analyzed the claims made by P&G and determined that they lacked a reasonable basis, especially regarding the claim of '100% dandruff free'. The Commission directed P&G to cease advertising in its current form and to substantiate any future claims with cogent evidence. Failure to comply would result in a hefty penalty of Rs. 25,000,000 and an additional Rs. 250,000 per day for continued violations. P&G was given two weeks to comply with the directives. |
| Summary |
This case involves the Competition Commission of Pakistan's ruling against Proctor and Gamble (P&G) for misleading advertising practices. P&G's Head and Shoulders shampoo was advertised as the world's No. 1 anti-dandruff product, claiming to make hair '100% dandruff free'. However, the Commission found that these claims were not supported by adequate scientific evidence and misled consumers. The ruling emphasized the importance of substantiating advertising claims to ensure fair competition and protect consumers from deceptive marketing. This case highlights the significance of compliance with advertising standards and the consequences of misleading claims in the consumer market. |
| Court |
Competition Commission of Pakistan
|
| Entities Involved |
Proctor and Gamble Pakistan (Pvt.) Limited
|
| Judges |
Ms. Rahat Kaunain Hassan
|
| Lawyers |
Mehmood Y. Mandviwalla,
Taimur Ali Mirza,
Usman Muneer,
Qaiser Shareef
|
| Petitioners |
Messrs Proctor and Gamble Pakistan (Pvt.) Limited
|
| Respondents |
Not available
|
| Citations |
2010 SLD 671,
2010 CLD 1695
|
| Other Citations |
2000 CLC 1583,
PLD 2002 Lah. 369,
2001 YLR 1293,
PLD 1997 Lah. 499,
Pir Sabir Shah v. Shad Muhammad Khan Member Provincial Assembly N.-W.F.P. PLD 1995 SC 66,
Akhtar Ali Parvez v. Altafur Rehman reported at PLD 1963 (W.P.) Lah. 390,
Mehr Dad v. Settlement and Rehabilitation Commissions PLD 1974 SC 193,
Chempak (Pvt.) Ltd. v. Sindh Employees Social Security Institution (Sessi) 2003 PLC 380,
Federation of Pakistan v. Aitzaz Ahsan PLO 1989 SC 61,
PLD 2006 SC 209,
Federal Trade Commission v. Bronson Partners, LLC, 546 F. Supp.2d 119 (2008)
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| Laws Involved |
Competition Ordinance, 2009
|
| Sections |
10,
30,
38
|