In a significant decision, the Delhi High Court has granted interim relief to Dabur India Ltd, restraining Patanjali Ayurved Ltd from airing or publishing an advertisement that labels rival chyawanprash brands as “dhoka” (deception). The injunction responds to a plea by Dabur that the disputed ad amounts to disparagement of the entire chyawanprash category.
The matter came up before Justice Tejas Karia, who observed that although the advertisement did not explicitly name Dabur, the impact of the message could materially affect the market leader in the chyawanprash segment.
Patanjali’s ad, which features the yoga guru Baba Ramdev, begins with a scene in which a mother tells her son, “Chalo dhoka khao” (“let’s eat deception”), followed by a voice-over stating “adhikansh log chyawanprash ke naam par dhokha kha rahe hain” (“majority of people are being deceived in the name of chyawanprash”). The commercial then promotes Patanjali’s chyawanprash as the alternative.
Dabur contended that the term “dhoka”, when used to refer to the category generically, undermines every other manufacturer, including Dabur (which holds over 60 % share in the market). They argued that the advertisement wrongly labels competing products as inferior or deceptive, thereby causing reputational and commercial harm.
Patanjali defended itself by claiming the advertisement involved “puffery” (permissible advertising exaggeration) and did not target any specific competitor by name. Senior Advocate Rajiv Nayar, representing Patanjali, argued that the campaign merely compared its own product favourably against others.
However, the Court held that the tone and intent of the advertisement reflect more than mere comparison — the language crosses into disparagement of the entire product class. Noting the influence of the endorser and the scope of the message, the bench found that a prima facie case for injunction was made out.
Accordingly, the Court directed Patanjali to take down the impugned advertisement from all electronic, digital and print media — including television, OTT platforms and streaming services — within three days. The interim order will remain in force until the next hearing on February 26, 2026.
Implications:
This ruling underscores the continuing judicial sensitivity toward advertising that may disparage rival brands or product categories, particularly when such claims may mislead consumers or unfairly damage competitors. For Patanjali, the outcome means a temporary halt to the advertisement campaign pending a full hearing. For Dabur and other manufacturers in the chyawanprash sector, the decision provides a legal precedent to resist marketing messages that portray entire categories as deceptive.
Conclusion:
The Delhi High Court’s interim relief in favour of Dabur signals heightened scrutiny of competitive advertising within India’s fast-moving consumer goods (FMCG) sector. The full hearing in February next year will determine whether the ad campaign must be permanently halted or modified.
