The Delhi High Court has ordered Patanjali Ayurved to modify its chyawanprash advertisement that allegedly disparaged rival Dabur’s product. The bench of Justices Hari Shankar and Om Prakash Shukla has ruled that while Patanjali can use the phrase “why settle for ordinary chyawanprash,” it must remove the subsequent reference to “made with 40 herbs.”
As per media reports, the order has come after Patanjali appealed against an earlier ruling that restricted it from running any advertisement directly or indirectly targeting Dabur chyawanprash. The court has observed that the use of the word “ordinary” amounts to puffery, a legally permissible form of advertising where brands exaggerate their own product’s quality.
The judges have clarified that such a description would not dissuade consumers from buying Dabur’s product. “We are dealing with chyawanprash, not a prescription drug,” the bench has remarked, stating that while exaggerated claims may be tolerated in the FMCG space, similar references in medicines would be viewed differently.
This ruling modified a prior single-judge order from July that had directed Patanjali to delete the first two lines of the ad after a petition was filed by Dabur India Limited. Dabur has argued that Patanjali’s claims amounted to generic disparagement of all chyawanprash manufacturers.
The commercial, narrated by Baba Ramdev, has been allowed to continue in print and television formats only after implementing the required modifications.
