These headlines capture the essence of the court’s decision, allowing Patanjali to continue its advertising campaign with modifications [1].
The Delhi High Court has decided to permit Patanjali Ayurved to utilize the slogan “why settle for ordinary chyawanprash” in its promotional materials, albeit with some stipulations. This ruling followed Patanjali’s appeal against a previous order that barred the company from airing advertisements that overtly or subtly targeted Dabur’s chyawanprash. The earlier ruling, issued by a single judge in July, mandated Patanjali to eliminate certain phrases from its advertisements, such as “Why settle for ordinary chyawanprash made with 40 herbs?” and “Jinko Ayurved aur Vedo ka gyaan nahi, Charak, Sushrut, Dhanvantri aur Chyawanrishi ki parampara ke anuroop, original chyawanprash kaise bana payenge?”
The division bench, which included Justices C Hari Shankar and Om Prakash Shukla, noted that while Patanjali is allowed to use the term “ordinary chyawanprash,” it must excise the mention of “made with 40 herbs,” which clearly references Dabur’s product that features 40 herbs in its composition. The court viewed this phrasing as potentially derogatory and likely to be interpreted as aimed at Dabur directly.
The judges highlighted that advertising regulations allow for comparative advertising, enabling companies to present their products as superior, even implying that competitors are less effective, provided there is no outright disparagement. The court remarked that stating “I am the best and others are not as good as me” is acceptable because it falls under “puffery,” a type of advertising that involves exaggerating the quality of one’s products.
In this scenario, the court indicated that describing Dabur’s product as “ordinary” would unlikely deter consumers from purchasing it, considering that chyawanprash is not a prescription medication where such descriptors could carry serious consequences. Essentially, the court granted Patanjali the ability to proceed with its advertising campaign while making adjustments, instructing the company to remove particular references that could be perceived as disparaging towards Dabur’s product.
Patanjali’s Chyawanprash television advertisement, narrated by yoga guru Baba Ramdev, asserted that only Patanjali’s Chyawanprash was the “original,” suggesting that other brands lacked the requisite Ayurvedic and Vedic insight. Dabur contended that this approach represented generic disparagement, not merely of its own product but of all brands involved in the chyawanprash market. Following the recent court’s ruling, Patanjali will be allowed to broadcast its advertisements after making the mandated changes.
