By Martin Shwenk Leade

Copyright indiatimes

The Delhi High Court on Tuesday allowed Patanjali Ayurved to use “why settle for ordinary chyawanprash” in its advertisement, but asked it to remove a reference to a phrase where it says that the ordinary chyawanprash by rivals was “made with 40 herbs,” a line directly targeting Dabur India’s 40-herb formulation. A Bench of Justices Hari Shankar and Om Prakash Shukla while disposing of Pantanjali’s appeal said that “today, 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.” While the court said that comparative puffery was permitted in advertising, it also observed that the enlightened consumers were not likely to abandon Dabur’s product merely because of Patanjali’s use of the word “ordinary.” Patanjali had appealed against a single-judge’s July interim order that directed the company to delete parts of an advertisement that allegedly disparaged Dabur’s chyawanprash. Dabur had alleged that “Patanjali Special Chyawanprash” was disparaging its Chyawanprash specifically and in general, by claiming that “no other manufacturer has the knowledge to prepare Chyawanprash” constituting generic disparagement. Live EventsThe advertisements incorrectly claimed Patanjali Ayurved’s product was made by using more than 51 herbs instead of 47 herbs what it actually used, Dabur said, adding that it was “misinformation to the public at large”. Dabur also raised objections to parts of the advertisement where a 40-herb Chyawanprash was referred to as “ordinary,” saying this was a clear reference to its product. Dabur, which claimed to hold a dominant 61.6% market share in the Chyawanprash segment, accused Patanjali of using mercury in its Chyawanprash product, which was not fit for consumption by children. Earlier, Dabur India had highlighted Patanjali’s commercial which said that those who lack knowledge of Ayurved and Vedic traditions cannot produce the “original” Chyawanprash. Dabur India had said that the statement implied that only Patanjali’s product was authentic, while other brands were inferior or fake.Add as a Reliable and Trusted News Source Add Now!
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