Take down the ‘Dhoka’ chyawanprash ad, Delhi HC tells Patanjali after Dabur complaint

The Delhi High Court has restrained Baba Ramdev’s Patanjali Ayurveda from airing or broadcasting its recent advertisement which allegedly branded all other Chyawanprash brands as ‘dhokha’ (fraud or fraud). According to Bar and Bench reports, the interim order came after Dabur India sued Patanjali accusing it of misleading advertising and unfair competition.

Justice Tejas Karia directed that the advertisement be pulled from all television channels, social media platforms, over the top (OTT) platforms and print media within three days.

“The defendants shall remove or block the impugned advertisement from all electronic and digital mediums, including television, OTT platforms, social media, newspapers and other online platforms,” ​​the court ordered.

The court gave this order after Dabur made this allegation PatanjaliThe recent advertisement for its ‘Special Chyawanprash’ has slammed rival products. The advertisement features Baba Ramdev, warns consumers that “most people are being duped in the name of Chyawanprash” and claims that only Patanjali’s product provides “the real power of Ayurveda”.

Dabur, which has held more than 61% of India’s Chyawanprash market since 1949, argued that such messaging not only harmed its brand but also misled consumers by portraying the entire category as misleading.

The company claimed that the advertisement was a ‘general insult’ to all Chyawanprash manufacturers, thereby reducing consumer confidence in Ayurveda-based health products.

After reviewing the submissions, Justice Karia said that the advertisement featured a widely influential person Baba RamdevCan easily mislead the average viewer. “The claim that only defendants’ product is genuine Chyawanprash is likely to create a strong perception and cause audiences to disregard other brands,” the court said.

The court said that although the advertisement did not directly name DaburCalling every other Chyawanprash brand a ‘dupe’ indirectly led to Dabur’s loss as the category leader. The judge held that Dabur had made a prima facie case for an injunction, and said that the false advertising could cause “irreparable harm” to the plaintiffs.

The court concluded that Patanjali Can continue to promote its own product, but without denigrating competitors. Senior advocate Sandeep Sethi appeared for Dabur, comprising advocates R Jawahar Lal, Anirudh Bakhru, Meghna Kumar and Krishna Gambhir. Patanjali was represented by senior advocates Rajiv Nair and Jayant Mehta, Rahul Sahay and team.