New Delhi: The Delhi High Court has passed an interim order restraining Patanjali Ayurved from broadcasting its latest advertisement that allegedly disparaged competing chyawanprash brands by calling them "dhoka" (fraud or deception). The order came after Dabur India filed a lawsuit alleging unfair competition and generic disparagement of the entire chyawanprash category.
The Court's Observations
During the hearing, Justice Karia made pointed observations about the language used in the advertisement. "How can you call all other chyawanprash 'dhoka'? You can say inferior, but you can't call them fraud," the judge remarked, emphasizing that while comparative advertising is permissible, brands cannot denigrate competitors.
The Court noted that the word "dhoka" carries strong negative connotations and goes beyond merely suggesting that a product is ordinary or inferior. "Dhoka is a negative word, derogatory. You are saying they are fraud and people are eating fraud," Justice Karia observed.
The judge further questioned why Patanjali could not use alternative terminology: "Is there no other word available in the dictionary which can be used other than dhoka? Use the word inferior, what's the problem?"
Dabur's Case Against Patanjali
Senior Advocate Sandeep Sethi, representing Dabur India, argued that the advertisement featuring Baba Ramdev constituted generic disparagement of the entire chyawanprash category. He emphasized that Dabur holds a commanding 61% market share in the chyawanprash segment and has been manufacturing the product since 1949.
Sethi pointed out that the advertisement used phrases like "Chalo dhoka khao" (Come on, eat fraud) and "Adhikansh log Chyawanprash ke naam par dhoka kha rahe hain" (Most people are eating fraud in the name of Chyawanprash), which directly attacked all competing products.
"Chyawanprash is an ayurvedic medicine under the Drugs and Cosmetics Act. Every manufacturer follows the Act, scriptures and is duly licensed. The words used are ex facie disparaging," Sethi argued.
Dabur contended that the advertisement erodes consumer faith not just in competing brands but in the entire category of Ayurveda-based health supplements. The company also highlighted that Patanjali's claim of using "51 Ayurvedic herbs and saffron" contradicts a 2014 government advisory that found such claims inaccurate.
Patanjali's Defense
Senior Advocate Rajiv Nayar, appearing for Patanjali, attempted to defend the advertisement by arguing that the term "dhoka" was not meant to imply deceit but rather to suggest that other products were "sadharan" (ordinary).
"I am saying all others are ordinary chyawanprash. The meaning it conveys is that all others are ineffective. When I say dhoka, I mean that I am special and others are ordinary," Nayar argued.
However, the Court was not persuaded by this interpretation, noting that the common understanding of the word "dhoka" is fraud or deception, not merely ordinary or inferior.
Implications and Wider Context
The Court's interim order sends a strong message about the limits of comparative advertising in India. While brands are free to highlight their own strengths and claim superiority, they cannot cross the line into disparaging entire product categories or labeling competitors as fraudulent.
The case also highlights the increasing scrutiny on Ayurvedic product manufacturers regarding claims about ingredients and formulations. Dabur specifically challenged Patanjali's assertion about using "51 Ayurvedic herbs," citing regulatory concerns.
Senior counsel Sethi also emphasized the credibility factor associated with Baba Ramdev, stating that "people identify with a yoga guru with some sense of truthfulness," which makes such disparaging claims particularly impactful on consumer perception.
The Court has directed all broadcasters, OTT platforms, and online intermediaries to block or disable the commercial across every electronic and digital medium. The matter will continue to be heard as the suit progresses, with potential implications for advertising standards in the FMCG and Ayurvedic products sector.