The Supreme Court on Monday refused to restrain Britannia Industries from manufacturing and selling its digestive biscuit NutriChoice Zero, an injunction sought by rival ITC which sells its biscuits under the brand Sunfeast Farmlite Digestive All Good biscuit. A bench headed by Justice Ranjan Gogoi while issuing notice to Britannia said: “No injunction… we will examine it” on July 11, the next date of hearing.
Challenging the Delhi High Court’s judgment of March 10 that allowed the Wadia Group company to manufacture and sell its brand of digestive biscuits, cigarette-to-FMCG major ITC has claimed that packaging of NutriChoice Zero was a copy of its Sunfeast Farmlite Digestive All Good biscuits.
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Claiming that Britannia’s impugned product packaging is virtually indistinguishable to the unwary consumer, ITC alleged that Britannia’s impugned packaging is a “clever imitation” of packaging of its product and the former had “blatantly imitated all the features and elements of its packaging, etc in such a manner that it is “bound to cause deception and confuse unwary consumers.”
ITC further said that Britannia’s product is “not suitable for consumption by children” as it contains ‘Sucralose’ whereas its NutriChoice biscuits contain ‘Maltitol,’ which is a natural derivative of sugar and completely safe for consumption by all age groups.