Daijiworld Media Network – New Delhi

New Delhi, Nov 12: The Delhi High Court has restrained Patanjali Ayurved from telecasting, publishing, or circulating an advertisement that described other brands of chyawanprash as ‘dhoka’ (deception), terming it “misleading, incorrect, and disparaging.” The court has also directed the company to take down the advertisement from all electronic, print, and digital platforms within three days.

The interim order came on a plea filed by Dabur India, which alleged that Patanjali’s 25-second advertisement — titled “51 herbs. 1 truth. Patanjali Chyawanprash!” — denigrated other chyawanprash products and misled consumers.

In the advertisement, a woman is seen feeding chyawanprash to her child, saying “Chalo dhoka khao”, following which yoga guru Ramdev declares, “Adhikansh log chyawanprash ke naam par dhoka kha rahe hain” (most people are deceived in the name of chyawanprash).

Justice Tejas Karia, delivering the 37-page order on November 6, observed that such statements imply that only Patanjali’s chyawanprash is genuine and others are fake. “Anybody manufacturing an ayurvedic product in accordance with statutory norms cannot be denigrated as deceptive. To call others’ chyawanprash ‘dhoka’ is incorrect and disparages the entire class of chyawanprash products,” the court said.

The court noted that Ramdev’s stature and influence could strongly sway public opinion, causing consumers to disregard other brands. “The advertisement goes beyond permissible puffery and amounts to disparagement,” Justice Karia added.

Although Patanjali argued that the term ‘dhoka’ was used as a creative expression protected under free speech, the court rejected the claim, holding that commercial advertising cannot mislead or malign competitors.

“The act of disparaging a whole class of products adversely affects competitors. Dabur, being the market leader, is particularly impacted,” the court said, adding that the balance of convenience and prima facie case both favoured Dabur.

Accordingly, the High Court restrained Patanjali from issuing, broadcasting, or disseminating the advertisement in any form and ordered that it be removed or blocked from all mediums within three days.

Earlier, in July, the High Court had also directed Patanjali to delete portions of another advertisement that questioned other chyawanprash brands as “ordinary” — a move that was upheld by the division bench.

The latest order underscores the judiciary’s stance that while advertisers may promote their own products, they cannot mislead consumers or disparage an entire category of rival products in the process.