Patanjali Challenges Delhi HC Ban on 'Disparaging' Dabur Chyawanprash Ads

The battle for market supremacy in the traditional health supplement sector has taken a dramatic turn, with Patanjali Ayurved making a bold move by challenging a Delhi High Court order. This order had previously slapped an interim injunction on the company, preventing it from broadcasting advertisements that allegedly disparage Dabur's popular Chyawanprash product.

The legal skirmish ignited following a commercial suit filed by Dabur India Ltd., which prompted Justice Anish Dayal to issue a stern directive on March 15.

The order specifically restrained Patanjali from airing or publishing the controversial advertisements, either directly or indirectly. Now, Patanjali is fighting back, seeking to overturn this injunction and reclaim its right to broadcast its campaign.

At the heart of Patanjali’s defense is the assertion that its advertisements are not merely disparaging but are, in fact, an essential effort to educate consumers.

The company argues that its campaign champions AYUSH-based chyawanprash and rigorously highlights the superior benefits of using fresh Amla, or Indian gooseberry, as opposed to processed Amla pulp. Patanjali contends that it aims to empower consumers to make informed choices, implicitly questioning the quality of competitors' products that might rely on less fresh ingredients.

The specific advertisements under scrutiny make pointed references to ‘nakli’ or ‘fake’ Chyawanprash, drawing a stark contrast between products made with fresh Amla and those supposedly manufactured with Amla pulp.

Dabur, on the other hand, vehemently maintains that these ads directly target and malign its product, creating an unfair and negative perception among the public by implying its offering is somehow ‘fake’ or of inferior quality.

Patanjali’s legal team is now contending that the interim injunction was granted prematurely.

They argue that such a significant restriction on advertising should not have been imposed without a more thorough and detailed examination by the court. The company insists that a deeper dive is needed to ascertain whether their claims truly constitute disparagement or fall within the acceptable bounds of promotional and educational content.

With this challenge, Patanjali Ayurved is explicitly seeking the vacation of the interim injunction, hoping to regain its ability to run its advertising campaign unimpeded.

The high-stakes legal tussle is now slated to be heard by a division bench, promising further developments in this intriguing battle between two giants of the Indian health and wellness industry.