Delhi High Court Stops Patanjali Ad for Calling Other Chyawanprash Brands ‘Dhoka’

The Delhi High Court has restrained Baba Ramdev’s Patanjali Ayurved from airing or sharing its recent advertisement for Patanjali Special Chyawanprash, which allegedly calls other chyawanprash brands “dhoka” (fraud or deception). The Court observed that the ad unfairly discredits the entire chyawanprash industry.

Justice Tejas Karia directed social media platforms, OTT services, and broadcasters to remove or block the ad within three days. The direction applies to all online and offline media, including television, print, and digital platforms.

The order came after Dabur India Ltd filed a suit against Patanjali for disparagement and unfair competition. Dabur claimed that the commercial, featuring Baba Ramdev, suggests that most chyawanprash products deceive consumers and that only Patanjali’s product represents “true Ayurveda.” Dabur argued that this damages the reputation of its own chyawanprash, which has led the market since 1949 with over 61% share.

The Court agreed that the advertisement gives the impression that all other chyawanprash brands are fake, which could mislead average viewers, especially given Baba Ramdev’s strong influence in the Ayurvedic and wellness space. Although the ad did not name Dabur directly, the Court noted that Dabur, being the market leader, would suffer the most harm.

The Court ruled that comparative advertising is permitted under the law but cannot go so far as to belittle or defame a competitor’s product. Advertisers can highlight the strengths of their own product, but claims must be truthful and not intended to mislead.

Justice Karia also stated that false or deceptive advertisements cannot be protected under Article 19(1)(a) of the Constitution, which guarantees freedom of speech. This right, he said, does not include spreading falsehoods or tarnishing a competitor’s reputation. Commercial speech is subject to reasonable restrictions under Article 19(2), particularly when it affects public interest.

Concluding that a prima facie case was made out, the Court issued an injunction preventing Patanjali from broadcasting or publishing the disputed advertisement.

Senior Advocate Sandeep Sethi appeared for Dabur along with advocates R Jawahar Lal, Anirudh Bakhru, Meghna Kumar, and Krisna Gambhir. Senior Advocates Rajiv Nayar and Jayant Mehta represented Patanjali, assisted by advocates Rahul Sahay, Rishabh Pant, Neha Gupta, Abhijeet Kr Pandey, Osheen Verna, and Pratham Arora.