Drugmaker has initiated legal proceedings against Johnson & Johnson Pte Limited, citing phonetic similarity between the multinational’s eRZL product and its own energy drink brand “Enerzal”, an FDC executive said.
Mayank Tikkha, FDC Senior Vice President (Sales and Marketing) told businessline, they had approached the Delhi High Court on the “phonetic similarities” between their “Enerzal” and eRZL – that could mislead consumers. The more recently launched eRZL is from Kenvue, formerly J&J’s consumer healthcare division.
“We’ve mentioned Johnson & Johnson in the case, as the same name is mentioned behind the ERZL product,” the executive explained.
A Kenvue representative told , they did not want to comment, as the issue was in court. Earlier in January, Kenvue had said, it was creating two differentiated brands – ORSL and eRZL, to address diarrhoeal and everyday hydration, respectively. Kenvue had then said, eRZL would comprise its electrolyte drink portfolio (erstwhile ORSL electrolyte drinks portfolio) “for everyday hydration and recovery for tiredness and exhaustion”.
The differentiation was against the backdrop of a Food Safety and Standards Authority of India (FSSAI) directive disallowing companies from using the “ORS” (Oral Rehydration Salts) label on beverages, as part of their trademark.
FDC’s ORS brand is Electral, and “Enerzal” is its energy drink (with elctrolytes) – both flagship brands for the company.
ORS controversy
The latest legal development also comes even as doctors call for greater transparency in the branding of ORS – a pharmaceutical product that needs to meet specifications outlined by the World Health Organization It is used to treat dehydration resulting from acute diarrhoeal diseases, especially in infants and young children. The differentiation between ORS products and energy drinks was getting blurred cautioned doctors.
The ORS segment is estimated to be around ₹1000 crore, according to industry estimates, while the energy drinks segment is pegged at about ₹1500 crore.