HC restrains Patanjali from issuing disparaging ads

The Delhi High Court has restrained Patanjali Ayurved from telecasting an advertisement which termed other ‘chyawanprash’ products as ‘dhoka’ or ‘deception’ and directed it to take down the advertisement from all electronic, digital and print mediums. The high court said to convey a message through the advertisement that only Patanjali’s product is genuine and others are deceptive, is “incorrect and disparages” the entire class of chyawanprash in general.

Anybody who manufactures an ayurvedic product by following the statute and the scriptures as enlisted in the statute, cannot be denigrated as deceptive, when the statute considers it to be as good and permissible ayurvedic drug, that is, chyawanprash in the present case,” Justice Tejas Karia said.

The high court passed the interim order on Dabur India’s plea seeking injunction against yoga guru Ramdev’s Patanjali Ayurved’s “disparaging” advertisement. Dabur India was aggrieved by the 25-second advertisement issued by Patanjali titled “51 herbs. 1 truth. Patanjali Chyawanprash!”

In Patanjali’s advertisement, a woman is seen feeding chyawanprash to her child, saying “Chalo dhoka khao”. Thereafter, Ramdev says “adhikansh log chyawanprash ke naam par dhoka kha rahe hain” (most people are fooled in the name of chyawanprash).

The high court said the advertisement relates to an ayurvedic formulation, namely chyawanprash and for an average viewer of the advertisement featuring Ramdev, a well-known authority on yoga and vedic practices, and his assertion that only his product is genuine chyawanprash is likely to create a strong impression. “Such a statement would naturally lead viewers to accept it as true and disregard other brands of chyawanprash. In evaluating the overall impact of the impugned advertisement, it is necessary to consider factors such as the stature and influence of the endorser,” the high court said in its 37-page order passed on November 6.