The Delhi High Court recently directed Dabur India Ltd. to submit scientific evidence supporting claims in its advertisement that fluoride in toothpaste can cause adverse health effects, such as lower IQ in children, brittle bones, and spotting on teeth.
Justice Amit Bansal passed the order on an application by Colgate-Palmolive to restrain such claims in Dabur’s advertisement campaign.
Colgate alleged that the advertisements were misleading and disparaged fluoride-based toothpaste, thereby indirectly targeting Colgate toothpaste.
The Court has sought Dabur's response in the matter.
“Along with the reply, the defendant (Dabur) shall place on record material to justify the following claims made by the defendant in the said advertisement on account of the presence of fluoride in a toothpaste: - (i) Lower IQ in kids (ii) Brittle Bones (iii) Spotting on teeth," the Court added.
Colgate has contended that the tagline “Does your favourite toothpaste have fluoride?”, which was featured in Dabur’s print ad on World Oral Health Day, was a veiled reference to Colgate’s product, which contains fluoride and is a market leader.
The ad appeared in The Times of India on the same day as Colgate’s own front-page promotion of fluoride toothpaste.
Dabur's advertisements have claimed that fluoride toothpastes can cause health issues like lower IQ in children, brittle bones, and dental fluorosis. Colgate argues that these claims are scientifically unfounded and misleading, given that fluoride in regulated amounts (up to 1000 ppm) is approved by health authorities worldwide for preventing tooth decay. The company contended that Dabur's campaign constituted unfair competition as it disparages an entire category of products rather than just making comparative claims about its own offerings.
This legal battle has its roots in a 2019 case. Earlier, the Court ordered Dabur to modify advertisements that were found to mimic Colgate's packaging too closely. While Dabur complied with the visual changes, Colgate has now taken issue with Dabur's continued claims about fluoride-based toothpastes.
Dabur has submitted that it would, without prejudice to its legal rights, remove the word “favourite” from the ad.
However, the company also defended its campaign, arguing that the ads merely highlighted “potential risks” faced by consumers based on selected studies.
Justice Bansal has granted Dabur two weeks to file a reply and Colgate two weeks thereafter to submit a rejoinder. The matter is listed for further hearing on May 27, 2025.
Colgate was represented by Senior Advocate Amit Sibal with Advocates. Saif Khan, Achuttan Sreekumar, Rohit Bansal and Swastik Bisarya from Anand & Anand.
Dabur was represented by Advocates Hemant Singh and Mamta Rani Jha, Manish Kumar Mishra, Akansha Singh and Harshit Raj, Advocate from Inttl Advocare and Advocate Jawahar Lal from J-Law offices.
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