The Delhi High Court has reserved its verdict on Dabur India’s plea for an interim injunction against Patanjali Ayurveda over a recent advertisement for Patanjali Special Chyawanprash that allegedly termed all other chyawanprash brands as “dhoka” (fraud or deception).
As per media reports, during the hearing, Justice Tejas Karia questioned Patanjali on how it could refer to chyawanprash prepared by other companies as “dhoka.” The Court observed that while Patanjali could claim its product to be the best, it could not label others as fraudulent. “Use the word inferior, what’s the problem? You are saying everyone is dhoka, and I am genuine. How can you call all other chyawanprash dhoka? You can say inferior, but you can’t call them fraud,” Justice Karia remarked, adding that the term “dhoka” is derogatory and negative in nature.
Dabur has filed the suit accusing Patanjali of defamation, disparagement, and unfair competition over the advertisement, which allegedly shows Baba Ramdev warning consumers that “most people are being duped in the name of Chyawanprash.” Dabur has claimed that the commercial maligns its flagship product, Dabur Chyawanprash, which has held over 61% of the market since 1949, and misleads consumers into distrusting all other chyawanprash brands.
The plaint has stated that the advertisement amounts to “generic disparagement” of the entire chyawanprash category and further alleges that Patanjali has made false claims about its product containing “51 Ayurvedic herbs and saffron,” despite a 2014 government advisory deeming such claims misleading. Dabur has also contended that using “Special” as a prefix violates Rule 157(1-B) of the Drugs Rules, which prohibits deceptive labelling of Ayurvedic formulations.
Senior Advocate Sandeep Sethi, appearing for Dabur, has argued that by calling all other chyawanprash brands “dhoka,” Patanjali has disparaged the entire class of goods. He stated, “To call somebody dhoka is, per se, ex facie, disparaging. They may say ‘I don’t identify you’, but they paint everybody with the same brush.”
On the other hand, Senior Advocate Rajiv Nayar, representing Patanjali, has defended the ad as permissible puffery and hyperbole under the law. “I am allowed to say that I am the best. I am saying all others are inferior in comparison to mine,” he said, adding that Dabur was being hypersensitive.
After hearing both sides, the Delhi High Court has reserved its verdict on the matter.
