Delhi HC orders Patanjali to pull chyawanprash ad labeling rivals as dhoka
Delhi HC orders Patanjali to pull chyawanprash ad labeling rivals as dhoka
Delhi High Court rules Patanjali's chyawanprash commercial false and misleading for branding other brands as 'dhoka', orders removal within 72 hours.
The Delhi High Court has directed Patanjali Ayurved to take down its Chyawanprash advertisement within 72 hours after finding that the ad brands competing products as deceptive. The bench held that branding all chyawanprash manufacturers as deceiving customers crosses into commercial disparagement and loses constitutional protection when false or misleading. A key point was that the advertisement appears to convey a blanket accusation of deceit against every other brand in the category, rather than focusing on specific claims.
The court emphasized that the freedom of speech in commercial messaging does not cover falsehoods or the right to defame a competitor. When an advertisement becomes false, misleading, unfair, or deceptive, it ceases to enjoy protection under the Constitution. The ruling underscored that the right to commercial speech, like other freedoms, is subject to reasonable restrictions.
The case originated from a plea by Dabur India, which argued the Patanjali ad was per se defamatory and disparaging by casting the entire chyawanprash segment as defective. The 37-page order notes that such messaging has a broad impact on viewers, influencing perceptions of the product class and the credibility of multiple brands.
As a result, the court ordered immediate restraining actions against the ad and mandated its removal within the stipulated 72 hours. The decision signals a stance against broad, sweeping allegations in advertising that could harm an entire market segment, reminding brands that truthfulness and fairness are essential in promotional messaging.
Cover image source: Delhi high court orders Patanjali to take down commercial disparaging rivals 🔗
