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Indian Express
04-07-2025
- Business
- Indian Express
‘Clear case of disparagement': Delhi HC directs Patanjali to remove lines against Dabur chyawanprash in its print, TV ads
Observing that 'a clear case of disparagement is made out' in Patanjali's advertisements for its chyawanprash, impacting Dabur, the Delhi High Court Thursday directed the company to delete parts of its print and TV ads in this regard and run them only after doing so. It reasoned that the disparaging narrative of the ads 'assumes more importance' as renowned 'yoga guru Ramdev' appears in them. In a suit before the Delhi High Court, Dabur India Limited had accused Patanjali Ayurved Ltd of disparagement and denigration of 'Dabur Chyawanprash', and of the entire class of chyawanprash in general, in ads of 'Patanjali Special Chyawanprash'. Dabur also accused Patanjali of making 'false and misleading statements' in the ads 'in disparaging comparison with 'Dabur Chyawanprash' and other existing chyawanprash in the market. Dabur had sought an interim injunction against Patanjali's Hindi and English TV and print ads. The court held that that Patanjali's print ads 'are an instance of specific disparagement' of Dabur's product, while its TV commercial (TVC) 'is an instance of generic disparagement with respect to the entire class of chyawanprash in the market.' Directing that the parts in the ads stating 'Jinko ayurved or vedon ka gyaan nahi Charak, Sushrut, Dhanvantri aur Chyawanrishi ki parampara ke anuroop, original chyawanprash kaise bana payenge (How can those without knowledge of ayurveda or vedas make original chyawanprash according to the tradition of Charak, Sushrut, Dhanvantri and Chyawanrishi)', 'Toh ordinary chyawanprash kyu' and 'Why settle for ordinary chyawanprash made with 40 herbs?' be deleted, Justice Mini Pushkarna held that 'a clear case of disparagement is made out.' '…what seems to fall from the bare reading and audio-visual viewing of the impugned TVC is that other existing chyawanprash in the market are ordinary and consumers ought not to settle for ordinary products, which are not prepared in accordance with ayurvedic knowledge as they are not manufactured as per ancient ayurvedic texts and tradition. This Court further notes that the impugned TVC is narrated by Mr Ramdev, who also appears in the TVC in person,' the court stated. Mr Ramdev is a known yoga guru in India and is recognised as someone having knowledge of the Vedas. Thus, the narrative of the impugned TVC assumes more importance coming from the mouth of a person popularly known to be an expert in the field…,' it added. The judge continued, 'The said statement in the impugned TVC, in addition to being false, is also misleading for the reason that the impression created by the defendants, with Mr Ramdev as the brand ambassador, is that only the defendants have the knowledge of Ayurveda and Vedas, and can make original Chyawanprash, as per the traditions. Whereas fact of the matter is that Chyawanprash is an ayurvedic medicine as defined under Section 3(a) of the Drugs and Cosmetics Act…' Reasoning that while it may be open for Patanjali to claim that its chyawanprash is the best, Justice Pushkarna noted, 'It is not open for them to state that other manufacturers of Chyawanprash lack the necessary knowledge and technical know-how to prepare the same as per ayurvedic texts as the same is firstly, untrue and secondly, misleading to the public at large.' Holding that the use of 'ordinary' in the Patanjali ads in reference to other chyawanprash is 'clearly negative', the court, also observed in respect of the TVCs, 'to an average person who watches the impugned TVC, where Mr Ramdev, an acknowledged yoga and vedic expert, declares that only the defendants possess the knowledge of ayurvedic texts to prepare original Chyawanprash, they would obviously be influenced by such statements and believe them to be true, and discard other Chyawanprash.' 'While assessing the overall impact of the impugned TVC on the audience, other factors, such as the person endorsing the advertiser's product, etc, also need to be taken into account. Therefore, the impugned TVC, in its manner of presentation as well as intent, seeks to disparage the entire class of Chyawanprash,' it added.
Time of India
03-07-2025
- Business
- Time of India
Chyawanprash ad row: Delhi HC stops Ramdev's Patanjali from running 'disparaging' ads; Dabur says product called 'ordinary'
Ramdev. NEW DELHI: The Delhi high court on Thursday stopped Patanjali from publishing or broadcasting advertisements that allegedly criticise Dabur Chyawanprash. Justice Mini Pushkarna passed the order while hearing interim applications filed by Dabur. The court will take up the matter again on July 14. The issue began after Patanjali aired an advertisement featuring its founder, Swami Ramdev , Bar & Bench reported. In the ad, he is seen questioning the authenticity of other Chyawanprash products available in the market. The advertisement says: " Jinko Ayurved aur Vedo ka gyaan nahi, Charak, Sushrut, Dhanwantari aur Chyawanrishi ke parampara mei 'original' Chyawanprash kaise bana payenge? " Dabur also raised objections to parts of the advertisement where a 40-herb Chyawanprash was referred to as "ordinary." Dabur argued that this was a clear reference to its product, which claims to contain "40+ herbs" and has a market share of over 60 per cent in the Chyawanprash segment. According to Dabur, the statements amounted to three types of disparagement — misrepresenting Patanjali's own formula, questioning Dabur's link to Ayurvedic tradition, and portraying Dabur's product as inferior.
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Business Standard
03-07-2025
- Business
- Business Standard
Setback for Patanjali as HC orders to pull 'disparaging' ads against Dabur
The Delhi High Court on Thursday passed an interim order directing Patanjali Ayurved to take down advertisements that allegedly disparage Dabur's Chyawanprash products, Bar and Bench reported. This came in response to a suit filed by Dabur India Ltd in December 2024, accusing Patanjali Ayurved of making misleading claims about its flagship Ayurvedic product. Justice Mini Pushkarna issued the order after finding that the contested advertisements were problematic under the law governing commercial speech and product representation. Ramdev-led ad campaign at the centre of controversy The case stems from an advertisement featuring Patanjali Ayurved's co-founder Ramdev, who is shown casting doubt on the authenticity of competing Chyawanprash brands. According to the lawsuit, the ad shows that only Patanjali's Chyawanprash is "original", while others are shown as lacking the requisite Ayurvedic and Vedic knowledge to manufacture authentic formulations. The ad states: " Jinko Ayurved aur Vedo ka gyaan nahi, Charak, Sushrut, Dhanwantari aur Chyawanrishi ke parampara mei 'original' Chyawanprash kaise bana payenge?' (Those who don't have knowledge of Ayurved and Ved, how will they make 'original' Chyawanprash in the tradition of Charak, Sushrut, Dhanwantari and Chyawanrishi). Representing Dabur, senior advocate Akhil Sibal had argued that Patanjali's claims mislead consumers and harm Dabur's market reputation. He cited the Drugs and Cosmetics Act, under which Ayurvedic formulations such as Chyawanprash must conform to legally mandated compositions based on classical texts, Bar and Bench reported. Sibal pointed out that Dabur holds a commanding 61.6 per cent share of the Chyawanprash market, and unsubstantiated claims about the product's authenticity directly impact its consumer trust and brand credibility. Targeting Dabur's '40+ herbs' tagline A particular point of contention was Patanjali's reference to a '40-herb Chyawanprash' as 'ordinary'. Dabur contended that this was a veiled reference to its own product, which is marketed with the '40+ herbs' tag. The company argued that the remark amounted to triple disparagement — misleadingly presenting Patanjali's formulation as superior, casting doubt on Dabur's Ayurvedic adherence, and positioning its product as inferior. Dabur added that all Chyawanprash products are governed by strict regulatory standards, and such advertising tactics erode public trust in the entire category. Not the first time This is not the first legal battle between the two rivals. In September 2017, Dabur had approached the court against Patanjali for allegedly running disparaging ads and using a product design similar to Dabur's Chyawanprash packaging, which it claimed could mislead consumers.
