New Delhi: The Delhi High Court on Thursday questioned Patanjali Ayurved Limited over its television advertisement describing other Chyawanprash brands as “dhoka” (fraud), during the hearing of Dabur India’s plea alleging disparagement.
Justice Tejas Karia observed that while comparative advertising that highlights a product as “special” or others as “ordinary” is permissible, referring to competitors’ products as “dhoka” could amount to defamation. “Ordinary or special and dhoka are different. You are calling all other Chyawanprash except yours dhoka. The word in Hindi means fraud,” the judge remarked.
Dabur India, which holds over 60 percent of the Chyawanprash market, approached the court seeking an interim injunction against Patanjali’s 25-second advertisement titled “51 Herbs. 1 Truth. Patanjali Chyawanprash!” In the ad, a woman is seen feeding her child Chyawanprash and saying, “Chalo dhoka khao,” followed by Baba Ramdev stating, “Adhikansh log Chyawanprash ke naam par dhoka kha rahe hain” (“Most people are being deceived in the name of Chyawanprash”).
Senior Advocate Sandeep Sethi, appearing for Dabur, argued that such statements directly malign the reputation of other licensed Chyawanprash manufacturers. “Every Chyawanprash manufacturer follows the Drugs and Cosmetics Act and classical Ayurvedic formulations. By calling others dhoka, Patanjali is portraying all competitors, especially Dabur, as fraudulent,” Sethi said.
He added that the commercial was designed to “create panic” among consumers and noted that the advertisement had received over nine crore views in just a few days.
In response, Senior Advocate Rajiv Nayar, representing Patanjali, defended the advertisement as permissible “puffery,” asserting that the company was only claiming superiority of its product. “By using the word dhoka, we are saying our Chyawanprash is the best and others are ordinary or ineffective. We have not called any specific product fake or spurious,” Nayar contended.
However, Justice Karia emphasized the distinction between comparative claims and disparagement: “You can say your product is special or superior, but calling others fraud crosses the boundary. Inferior and fraud have different meanings. You can say ordinary but not dhoka.”
After hearing both sides, the court reserved its order on Dabur’s plea seeking an interim injunction against the advertisement.
Earlier this year, the High Court had directed Patanjali to modify earlier Chyawanprash commercials, ordering the removal of lines such as “Why settle for ordinary Chyawanprash made with 40 herbs?” and other disparaging references to traditional Ayurvedic knowledge. Patanjali’s appeal against that order was later disposed of by a division bench, which also directed it to remove the “40 herbs” claim.
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Beed, Apr 13 (PTI): A 13-year-old girl was allegedly sexually assaulted by her stepfather in Maharashtra's Beed district, police said on Monday.
Based on a complaint, the police have registered a case under the Protection of Children from Sexual Offences (POCSO) Act in connection with the incident, which occurred on April 9, an official said.
According to police, the teen's mother divorced her first husband nine years ago and married the accused, with whom she has a son.
On the afternoon of April 9, the accused allegedly sexually assaulted his stepdaughter while his wife was away and threatened her into silence, the official said.
He said that the assault came to light when the mother returned home and noticed a change in her daughter's behaviour and questioned her. The girl narrated the ordeal, following which a complaint was lodged at the Kaij police station.
