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Dabur Moves Delhi HC Against Patanjali Over ‘Disparaging’ Chyawanprash Ad

MM Desk by MM Desk
December 26, 2024
in Advertising
A A
Dabur Moves Delhi HC Against Patanjali Over 'Disparaging' Chyawanprash Ad

Dabur, a leading player in the consumer goods industry, has filed a suit in the Delhi High Court, alleging that Patanjali Ayurved is airing advertisements that disparage its Chyawanprash products.

As per reports, Dabur has sought urgent intervention to restrain Patanjali from airing the disparaging advertisement. Justice Mini Pushkarna has issued a notice regarding the suit and scheduled it for a hearing in the last week of January to deliberate on interim orders.

The judge initially considered referring the case to mediation but ultimately opted to hear it directly after Dabur emphasised the need for immediate relief.

Dabur has expressed strong disapproval of an advertisement featuring Patanjali Ayurveda founder Ramdev. In the ad, he says, “Jinko Ayurved aur Vedo ka gyaan nahi, Charak, Sushrut, Dhanwantari aur Chyawanrishi ke parampara mei ‘original’ Chyawanprash kaise bana payenge?” (Alluding that only Patanjali Special Chyawanprash  is ‘original’/authentic; and manufacturers of other Chyawanprash in the market have no knowledge of this tradition, and consequently, they are all fake/‘ordinary’), reports stated.

Representing Dabur, Senior Advocate Akhil Sibal argued that Patanjali Ayurved is a habitual offender, referencing Supreme Court orders issued in a contempt petition filed against the company earlier this year.

Sibal argued that labeling other Chyawanprash products as “ordinary” not only undermines competitors but also disparages the entire category of this classical Ayurvedic medicine. Referring to the Drugs and Cosmetics Act, he emphasised that all Chyawanprash products must adhere to specific formulations and ingredients defined in ancient Ayurvedic texts. This makes the term “ordinary” both misleading and potentially harmful to competitors such as Dabur, which commands a 61.6% market share in the segment.

He argued that the misrepresentation in the advertisement not only deceives consumers but also undermines other brands by suggesting they lack the expertise and authenticity required for proper Chyawanprash preparation. Additionally, the ads imply that consuming other brands may lead to health risks, raising serious concerns about public safety and compliance with regulatory guidelines issued by the Ministry of AYUSH against misleading claims.

Sibal informed the Court that Patanjali’s advertisements were being aired on several TV channels, including Colors, Star, Zee, Sony, and Aaj Tak. He also mentioned that the advertisement had been published in the Delhi edition of Dainik Jagran.

Sibal highlighted that the ads had aired 900 times over the past three days, stressing their potential impact on public perception. Senior Advocate Jayant Mehta, representing Patanjali Ayurved, raised concerns about the suit’s maintainability and requested additional time to file a response. Sibal received briefings from Advocates Jawahar Lal and Meghna Kumar of J-Law Offices.

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