Delhi HC Clarifies Limits on Influencer’s Comments About Bournvita

The Delhi High Court has refined the conditions of an earlier interim order concerning popular health influencer Revant Himatsingka, known online as FoodPharmer, in his ongoing legal dispute with Mondelez India over comments made about their product, Bournvita. The court specified that while Himatsingka is restricted from making disparaging remarks about Bournvita, he retains the right to make factual statements about the product.

Justice Amit Bansal responded to a plea from Himatsingka’s counsel, Senior Advocate Rajshekhar Rao, seeking clarification on the October 15 injunction which they feared could be misinterpreted as a complete gag order on discussing the chocolate malt drink. Alongside this clarification, the court has also begun deliberations on whether to vacate the interim injunction entirely.

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Mondelez India, the company behind Bournvita, initially filed the legal complaint claiming that Himatsingka’s social media videos—which argued that Bournvita contained excessive sugar—were disparaging and defamatory. The controversy escalated when one of these videos went viral, eventually prompting regulatory scrutiny over Bournvita’s health claims.

The National Commission for Protection of Child Rights (NCPCR) and the Ministry of Commerce and Industry intervened following the viral spread of the videos. The NCPCR directed Mondelez to withdraw advertisements labeling Bournvita as a “health drink,” while the Ministry of Commerce and Industry asked e-commerce platforms to delist various products marketed as health drinks.

In response, Mondelez adjusted Bournvita’s sugar content by reducing it by approximately 15 percent and defended the product’s formulation as scientifically crafted. Despite these changes, Mondelez pursued legal action against Himatsingka for his continued critical content, leading to the October injunction that barred him from posting further disparaging content about Bournvita and Tang, another Mondelez product.

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During a recent court session, discussions continued without a decision on the removal of Himatsingka’s prior videos, granting both parties additional time to prepare their responses. The case is scheduled to continue on November 27.

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