HC allows Pepsi to use adjectives and art works on water bottle

New Delhi, May 8 (UNI) On the petition of the cold drink major Pepsi, the Delhi High Court today permitted the packaged water industry to use 'Pure', 'Crisp', 'Refreshing', 'Purified' and 'Purity Guranteed' on the labels of its water bottle.

Pepsico India Holdings Pvt Ltd had challenged the orders of the Bureau of Indian Standards (BIS) to discontinue such adjectives and art-works of snow-clad mountains, fountains in the lables of the bottled water sold in the market as they were misleading the customers.

Justice Vikramjit Sen said, ''The use of words 'Pure', 'Crisp', 'Refreshing', 'Purified' and 'Purity Guranteed' on a label pertaining to packaged drinking water does not offend any provisions of law.'' ''It is further held that the use of the pictorial device and art work on the label are not misleading and are not prohibited by any law,'' said the ten-page order.

Counsel Jos Chiramel appearing for BIS argued that such adjectives and art-works might amount to false representation to the public.

Senior Counsel Arun Jaitley, Harish N Salve and Sandeep Sethi appearing for Pepsico, which markets its drinking water as 'Aquafina', said these words did not contravene the expectations of the law and merely convey ordinary meaning to common citizens.

''Persons, who purchase bottled water such as Aquafina, can easily distinguish between packaged mineral water and packaged drinking water.'' ''I fail to appereciate that there is any possibility of a discerning consumer, such as one, who is desirous of consuming only mineral water, being misled into purchasing 'Aquafina' believing it to be mineral water drawn from snow-capped mountains,'' said the order.

The BIS had issued the directions since October 27, 2005 from its various branch offices at Bangalore, Lucknow, Mumbai, Ahmedabad and Kolkata to Pepsico to discontinue with the adjectives and art-works.

UNI PAT MSJ KN1831