Delhi HC Questions Patanjali Over Advertisement Calling Other Chyawanprash Brands 'Fraud'
The Delhi High Court questioned Patanjali Ayurved's advertisement which labeled other chyawanprash products as 'dhokha' (fraud), following a petition by Dabur India alleging disparagement. The court criticized Patanjali for using the derogatory term 'fraud' against competitors and asked why less offensive words like 'inferior' were not used. The court has reserved its judgment on Dabur’s plea for an interim injunction against the ad.
The Delhi High Court, presided over by Justice Tejas Karia, examined a case where Patanjali Ayurved released an advertisement referring to other chyawanprash products generically as 'dhokha', which translates to fraud or deception. Dabur India, a leading market player holding over 60% of the chyawanprash market, filed a suit against Patanjali accusing the latter of defamation, disparagement, and unfair competition. The advertisement featured a mother giving chyawanprash to her child with the phrase ‘chalo dhokha khao’ and Baba Ramdev stating that most consumers are being defrauded in the name of chyawanprash. The court questioned Patanjali on the legitimacy of calling all competitors fraud, suggesting that terms like 'inferior' could have been used instead. The judge remarked that calling competitors 'fraud' is derogatory and not permissible, and reserved the verdict on Dabur’s plea seeking an interim injunction against the advertisement. Senior advocates representing Patanjali argued the ad was puffery and hyperbole intended to claim superiority rather than literal fraud, but the court has yet to issue a final ruling. This case highlights legal boundaries within competitive advertising, particularly around the use of disparaging language in the consumer goods sector.
