Delhi High Court Orders Patanjali to Remove ‘Deceptive’ Chyawanprash Ad
The Delhi High Court today ordered Patanjali Ayurved to take down its Chyawanprash advertisement within 72 hours, finding that the commercial falsely branded rival products as “dhokha” (deception) and violated guidelines on commercial speech.
Justice Tejas Karia ruled that the advertisement crossed the line into misleading and disparaging territory, stating that freedom of speech under Article 19(1)(a) of the Constitution does not protect falsehoods or defamation. The 37-page order, released yesterday, found that Patanjali’s ad conveyed the message that all Chyawanprash manufacturers were deceiving consumers, constituting commercial disparagement. This ruling sets a precedent for advertising standards and consumer protection in India.
The case stemmed from a plea filed by Dabur, which argued the advertisement was “per se defamatory and disparaging,” negatively portraying the entire Chyawanprash category. Senior Advocate Sandeep Sethi, representing Dabur, noted his client holds over 60% of the market share in the Chyawanprash segment and that the ad tarnished the reputation of all manufacturers. Patanjali’s counsel, Senior Advocate Rajiv Nayyar, argued the ad was protected commercial speech and amounted to “puffery,” highlighting the healthier aspects of their product. However, Justice Karia rejected this argument, stating advertisers can promote their products but cannot malign an entire class of competing goods. You can learn more about India’s Competition Commission and its role in regulating advertising practices.
The court clarified that comparative advertising is permissible, but it cannot extend to disparaging a competitor’s product, emphasizing that any factual claims must be accurate and non-misleading. “Whereas it is open to exaggerate the claims relating to the goods or services and embellish their virtues or benefits, it is not open to denigrate or disparage the goods of others as a class in its entirety,” Justice Karia stated. For further information on constitutional rights in India, see Article 19 of the Constitution.
Patanjali has been directed to comply with the order within 72 hours, and the court will review their compliance at a subsequent hearing.
