Colgate Palmolive, in its advertisements, has claimed that the toothpaste brand was two-and-a-half times better than any ordinary toothpaste. Hindustan Lever had objected that the advertisement campaign was both misleading and false.

The commission has also suggested that a panel of experts study the veracity of the product claims. Examining material submitted by HLL and test reports from Colgate Palmolive, the MRTPC has said: "We are of the prima facie view that the respondent is not justified in claiming two-and-a-half times superiority of its CDC-DP over any ordinary toothpaste. Such claim can prima facie be said to be quite misleading."

The commission also said: "...such sales promotion drive through print and visualmedia... would drive most people to think that there is no other toothpaste which can beat CDC-DP with respect to its anti-bacterial and anti-microbial effect on their teeth. That would certainly affect sales of toothpaste products manufactured by rival manufactures."

To substantiate its claim, Colgate Palmolive had submitted four test reports with the commission. On the four test reports, the MRTPC has said: "We are unable to persuade ourselves to accept the test reports of the first three studies for ascertaining the claim of two-and-a-half time superiority of its CDC-DP over any ordinary toothpaste... So far as the test report regarding the fourth study is concerned, it is admittedly an interim report."

Colgate Palmolive had launched CDC-DP in June, 1998. To support its complaints against the advertisement campaign, HLL had carried out two scientific tests (one of them in an FDA approved external laboratory) the reports of which have been submitted with the MRTPC.

In these tests, CDC-DP was checkedagainst two popular toothpastes available in the market and the results showed that there was no statistical difference between CDC-DP and the other two toothpastes.

Colgate in their response to the complaint provided three complete and one interim test report. However, the product checked in all three study reports was different in formulation from the CDC-DP product which is in the market.