Delhi Court Asks Patanjali: "How Can You Call Other Chyawanprash Brands 'Dhokha'?"
Patanjali Ayurved, led by yoga guru Ramdev, faced scrutiny from the Delhi High Court over its advertisement claims. The court questioned how Patanjali could label all other chyawanprash brands as 'dhokha' (fraud) while promoting its own as superior. Justice Tejas Karia noted that while Patanjali can assert its product is the best, it cannot accuse others of being fraudulent.
Dabur India has sought an interim injunction against Patanjali's advertisement. Senior Advocate Sandeep Sethi, representing Dabur, argued that calling all other chyawanprash brands 'dhokha' is disparaging. He emphasized that such statements are more serious when made by a self-proclaimed yoga guru, as people associate them with truthfulness.
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Dispute Over Chyawanprash Claims
Dabur also accused Patanjali of making false claims about its chyawanprash containing "51 Ayurvedic herbs and saffron." A 2014 government advisory had deemed this claim misleading. Dabur contends that using "special" as a prefix for a classical ayurvedic medicine violates Rule 157(1-B) of the Drugs Rules, which prohibits deceptive labelling.
Sethi highlighted that Dabur's chyawanprash is prepared according to statutory requirements. He argued that if a product complies with these standards, it should not be labelled as 'dhokha'. He further mentioned Dabur's long-standing reputation and significant market share, noting the advertisement had garnered 9 crore views in just five days.
Patanjali's Defence
Senior Advocate Rajiv Nayar, representing Patanjali, defended the advertisement as puffery and hyperbole, which he claimed is permissible under law. Nayar stated that the ad was meant to convey superiority rather than ineffectiveness of other brands. He argued that Patanjali is allowed to claim it is the best and suggested Dabur was being overly sensitive.
The high court has reserved its verdict on the matter. The outcome will determine whether Patanjali can continue using such language in its advertisements or if restrictions will be imposed to prevent potential consumer deception.
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