Delhi High Court Orders Removal of Disparaging Instagram Video About Complan
The Delhi High Court has directed entrepreneur and health influencer Prashant Desai to remove an Instagram video that disparaged Zydus Wellness’s trademarked product, Complan. The ruling came in response to a trademark and copyright infringement lawsuit filed by Zydus, based in Ahmedabad.
Justice Saurabh Banerjee found that Desai’s video, which discussed three powdered drink brands—Bournvita, Complan, and Horlicks—unfairly criticized Complan. The Court mandated that Desai take down the video from all his social media accounts within two weeks.
Zydus’s lawsuit was prompted by Desai’s claim in the video, which advised against mixing these brands into milk for children, stating, “Don’t feed these to your kids, improve their health.” The company argued that his comments not only defamed Complan but also infringed its trademark and copyrights. The video featured Zydus’s ‘Complan Pista Badam Carton’ and included a caption warning parents that these products were harmful to their children’s health.
Zydus first attempted to resolve the matter by sending a message to Desai, followed by a legal cease-and-desist notice. However, instead of complying, Desai shared a screenshot of the notice on Instagram, captioning it, “And then when we say that their products mostly contain sugar … WE ARE SERVED.”
Zydus asserted that Desai misrepresented factual and nutritional information, exploiting consumers’ trust and knowledge gaps to spread misleading claims about Complan. The company was represented by Advocates Sagar Chandra, Shubhie Wahi, and Ankita Seth, while Desai’s defense included a team of several attorneys.
(With inputs from agency)
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