Judge orders Ariel ad to stay off air
An advertisement promoting a washing detergent will continue to be off air for a while after a court extended interim orders barring its running.
Ms Lady Justice Jacqueline Kamau extended the orders during the mention of a case in which Unilever Kenya limited, manufacturers of Omo, have sued Procter and Gamble International Operations and Procter and Gamble Services Limited over the Ariel detergent advertisement.
Lawyers for the parties informed the court that the direction the matter was taking does not advance their clients respective interests.
They urged the court to grant them a mention date, saying they will use the time between to meet their clients and understand what the “real issues” are and whether they can be resolved.
Ms Kamau directed the parties to advise the court on the outcome of the discussions between the parties on November 11.
Unilever claims the respondents have been running advertisement campaign for Ariel disparaging its product Omo.
The company claims it continues to suffer damages due to creation of wrong consumer perception concerning Omo “owing to the untrue and deliberately misleading depiction” of its product.
Ms Inviolata Oriwo, Unilever company secretary, in her affidavit says Omo brand is sold based on consumer perception and that the applicant built it through responsible and ethical advertisement.
“The respondents are eroding this reputation by flighting and running the impugned advertisement,” said Ms Oriwo.
Ms Oriwo further stated that he she had learnt that Ariel is not manufactured and packaged in the country but it is imported from Egypt.
“The applicant has decided to sue the company that responded to written demands to stop the advertisements and also the agencies that arranged for running the advertisements and erection of bill boards,” said Ms Oriwo.
The Unilever company secretary claimed that the proprietor or the owner of the advertisement has becoming a moving target.