Delhi HC allows Patanjali ‘Ordinary Chyawanprash’ claim; bars Dabur-specific references
The Delhi High Court allowed Patanjali to continue using the phrase “ordinary Chyawanprash” in ads, ruling it as permissible puffery, but barred references to Dabur’s “40-herb” formulation, stressing that comparative advertising can exaggerate but must avoid direct disparagement.
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The Delhi High Court on Tuesday partially relaxed an injunction against Patanjali Ayurved, holding that while exaggeration and puffery are permissible in advertising, direct references that identify a rival’s product amount to disparagement, Bar and Bench reported.
A Division Bench of Justices Hari Shankar and Om Prakash Shukla modified an earlier order that had barred Patanjali from using the tagline “Why settle for ordinary Chyawanprash made with 40 herbs?” The Court ruled Patanjali may continue to use the expression “ordinary Chyawanprash” but cannot link it to references about “40 herbs,” which unmistakably pointed to Dabur’s formulation.
“At the highest, what remains is puffery,” the Bench observed, clarifying that not every use of the word 'ordinary' amounts to disparagement. “Comparative advertising has travelled far beyond what it may have been 30 years ago. To say ‘I am the best and others are not as good’ is permissible as puffery,” the Court remarked.
The ruling closes Patanjali’s appeal against a July 2025 order of Justice Mini Pushkarna, who had found parts of Patanjali’s “Special Chyawanprash” campaign to be misleading and disparaging. Dabur, which controls over 60% of the Chyawanprash market, argued that Patanjali’s ads cast its product as “ordinary” and inauthentic, despite Dabur’s long-standing Ayurvedic formulation.
The single judge had directed Patanjali to delete specific claims including references to “40 herbs” and suggestions that only those with Ayurvedic knowledge could prepare “original Chyawanprash.” Patanjali challenged the order, arguing that commercial speech includes exaggeration and that “ordinary” was a neutral descriptor not aimed at Dabur.
On Tuesday, the Division Bench sided partly with Patanjali, narrowing the injunction to restrain only references tying Dabur’s product to “40 herbs.” Dabur accepted this modification, and the Court left other substantive issues to be decided at trial.
