Delhi HC Restrains Patanjali Ad Calling Other Chyawanprash 'Dhoka'
The Delhi High Court has restrained Patanjali Ayurved Limited and Patanjali Foods Limited from broadcasting, publishing, or disseminating their recent advertisement that referred to other Chyawanprash products as "Dhoka" (deception). The order came on a plea filed by Dabur India Limited alleging that the commercial disparaged its popular Dabur Chyawanprash and the entire category of similar Ayurvedic formulations.
Court Finds Ad 'Derogatory and Misleading'
Justice Tejas Karia, while issuing summons in Dabur India Limited v. Patanjali Ayurved Limited & Anr., held that the advertisement prima facie amounted to generic disparagement of all competing Chyawanprash brands, including Dabur, which holds over 61 per cent market share in the segment. The Court observed that calling all other Chyawanprash "Dhoka" was derogatory and misleading and went beyond permissible puffery or comparative advertising.
"Calling all other Chyawanprash as 'Dhoka' or deception amounts to commercial disparagement," the court stated, emphasising that while exaggeration and creative liberty are allowed, advertisers "cannot denigrate the products of others as a class in their entirety."
Dabur's Plea vs. Patanjali's Defense
Dabur: Ad Disparages Entire Category
Dabur, represented by Senior Advocate Sandeep Sethi, argued that Patanjali's commercial featuring Baba Ramdev suggested that all other Chyawanprash brands were fraudulent, duping consumers and lacking Ayurvedic authenticity. The ad, released on television and social media, allegedly urged viewers to "protect themselves from daily deceptions sold in the name of Chyawanprash" and to consume only Patanjali Special Chyawanprash.
Patanjali: Ad is 'Permissible Puffery'
Patanjali, represented by Senior Advocate Rajiv Nayar, defended the campaign, stating it was merely "puffery and hyperbole", permissible under the law. The counsel contended that the word 'Dhoka' was not directed at Dabur specifically and that the ad simply highlighted the superiority of Patanjali's product.
Injunction Granted Against Patanjali
Rejecting this argument, the Court said that even generic disparagement of an entire product category harms the market leader and constitutes unfair competition. "From the perspective of the consumer, the message conveyed is that all other Chyawanprash, including Dabur's, are deceptive," Justice Karia held.
Finding a prima facie case in Dabur's favour, the Court issued an interim injunction restraining Patanjali and its affiliates from airing or publishing the impugned advertisement in any form, television, print, digital, or social media, and directed the company to take down the ad from YouTube, Instagram, and other platforms within 72 hours. The main matter will next be heard on February 26, 2026. (ANI)
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