Competitor Patanjali Contests High Court Decision Prohibiting Critical Advertisements Targeting Dabur's Chyawanprash Product
In a recent development, Patanjali Ayurved has taken the Delhi High Court to task, challenging an order that restrained them from airing or publishing advertisements allegedly disparaging Dabur Chyawanprash. The dispute originated from an order dated July 3 by a single judge of the Delhi High Court.
The court has expressed skepticism towards Patanjali's appeal, questioning its necessity as the earlier restraining order was interim and discretionary. The bench, comprising Justices C Hari Shankar and Om Prakash Shukla, suggested that the appeal may be a case of generic disparagement.
The court's skepticism stems from the specific language used in Patanjali's advertisements. The bench pointed to the line: "Why settle for ordinary chyawanprash made with 40 herbs?" and noted that this was a clear reference to Dabur, which is known for using 40 herbs in its formulation. The court also criticised the tone and content of Patanjali's advertisements, stating that the claims effectively discredited all other chyawanprash manufacturers.
The court further stated that the phrase '"Jinko Ayurved or Vedon ka gyaan nahi..." implies generic disparagement.' This phrase, roughly translating to "those who do not know Ayurved or Vedas...", was seen as a broad attack on all other chyawanprash manufacturers.
The matter has been scheduled for further hearing on September 23. During the hearing, the court warned that costs could be imposed if they find the appeal frivolous. The court addressed Patanjali's legal counsel, stating that they will not entertain frivolous appeals. In response, Patanjali's counsel requested time to consult with the company's representatives.
It is important to note that the case was previously closed after Ramdev retracted his 'Sharbat Jihad' comments, a controversy that initially sparked the dispute. The court granted an interim injunction in response to a plea by Dabur India Limited, the person who filed the petition at the Delhi High Court to challenge the previous ban on advertisements and publications allegedly defaming Dabur Chyawanprash.
The dispute was reported by PTI, a leading news agency in India. As the case progresses, it will be interesting to see how the court rules on the matter and whether Patanjali's appeal will be successful. The outcome could have significant implications for the competitive landscape of the chyawanprash market in India.
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