“You can’t call everyone ‘dhoka’”: Delhi HC pulls up Patanjali over Chyawanprash ad

The Delhi High Court on Thursday reserved its verdict on Dabur India’s plea seeking an interim injunction against Patanjali Ayurveda’s recent chyawanprash advertisement, which allegedly termed all other brands “dhoka” - meaning fraud or deception.

Patanjali Foods Q2 profit jumps 67% to Rs 516 cr as ad spend rises to 2% of revenue

During the hearing, Justice Tejas Karia questioned Patanjali’s choice of words, observing that while a company is free to claim its product is superior, it cannot call competing products fraudulent.

“Use the word ‘inferior’, what’s the problem?” the judge remarked. “You are saying everyone else is dhoka and you are genuine. Dhoka is a negative, derogatory word. You are saying people are eating fraud.”

Dabur has sued Patanjali for defamation, disparagement, and unfair competition, alleging that the ad, featuring Baba Ramdev, misleads consumers by implying that all other chyawanprash makers deceive buyers. The plaint notes that Dabur Chyawanprash, a market leader since 1949 with over 61% share, has been unfairly maligned through what it calls “generic disparagement” of the entire category.

The company also contends that Patanjali’s claim of using “51 Ayurvedic herbs and saffron” was previously deemed misleading by a 2014 government advisory, and that calling the product “Special” violates Rule 157(1-B) of the Drugs Rules, which bars deceptive labelling of Ayurvedic formulations.

Patanjali appeals Delhi HC order restraining ‘disparaging’ Chyawanprash ads

Senior Advocate Sandeep Sethi, representing Dabur, argued that referring to all chyawanprash as “dhoka” directly disparages the entire category, as per a Bar & Bench report. “To call somebody dhoka is, per se, disparaging… Coming from a self-proclaimed yoga guru, it is far more serious because people associate him with truthfulness,” he said.

Defending Patanjali, Senior Advocate Rajiv Nayar contended that the ad is an instance of “puffery” - exaggerated claims permitted in advertising. “It’s hyperbole. I’m saying others are ineffective; I’m allowed to say mine is the best. Dabur is being hypersensitive - there’s no reference to them,” he said.

Nayar also noted that Dabur had previously failed to secure an injunction against Patanjali’s earlier ad that described competing chyawanprash as “ordinary.”

Delhi HC pulls up Patanjali in Dabur Chyawanprash ad dispute

After hearing both sides, the High Court reserved its judgment on Dabur’s injunction plea.