The Delhi High Court on Tuesday delivered its ruling in an advertising tussle between Patanjali Ayurved and Dabur India, allowing Patanjali to continue using the phrase “why settle for ordinary chyawanprash” but directing the company to withdraw references that specifically target Dabur’s 40-herb formulation.
A division bench of Justices C Hari Shankar and Om Prakash Shukla held that while comparative advertising and “puffery” are permissible, Patanjali’s direct claim that rival chyawanprash is made with only 40 herbs unfairly singled out Dabur. The court observed that modern advertising permits a brand to say “I am the best and others are not as good,” but drew a line at statements that could mislead consumers about product composition.
The ruling came in response to Patanjali’s appeal against a July interim order of a single judge, which had restrained the company from airing parts of its commercials alleged to disparage Dabur.
Dabur, which commands an estimated 61.6 percent share of India’s chyawanprash market, argued that Patanjali’s advertisements not only belittled its product but also spread misinformation. Dabur said Patanjali falsely claimed its chyawanprash was prepared with 51 herbs, when in reality it used 47. It also objected to the “ordinary chyawanprash with 40 herbs” line, contending this was a direct swipe at Dabur’s flagship formulation.
The company further accused Patanjali of suggesting that other manufacturers lacked the Ayurvedic knowledge or Vedic traditions required to make authentic chyawanprash, creating a perception that only Patanjali’s variant was genuine.
While the bench dismissed Dabur’s contention that consumers would abandon its product because of Patanjali’s puffery, it ruled that factual inaccuracies about ingredients must be corrected.
