Delhi HC slams Patanjali's 'Frivolous' appeal in Dabur Chyawanprash ad battle

New Delhi: The Delhi High Court on Friday branded Patanjali’s appeal against an ad ban as potentially "aaltu faaltu" (frivolous) and warned of hefty costs if it persists with what the bench called "luxury litigation." 

The observations came during a hearing on Patanjali Ayurved's challenge to a July order restraining its "disparaging" campaigns targeting rival Dabur's Chyawanprash.

A division bench of Justices C. Hari Shankar and Om Prakash Shukla didn't mince words while scrutinising Patanjali's ads for its "Special Chyawanprash." 

Zeroing in on the infamous tagline, "Why settle for ordinary chyawanprash made with 40 herbs?", the court noted it was a not-so-subtle jab at Dabur's 40-herb formula. 

"The moment you say 'ordinary chyawanprash with 40 herbs,' you're telling the public the respondent's [Dabur's] product is inferior and yours is superior," the bench remarked, dismissing Patanjali's claim of "generic" puffery. 

Another line, "Jinko Ayurved or Vedon ka gyaan nahi... original Chyawanprash kaise bana payenge" (Those without knowledge of Ayurveda or Vedas... how can they make original Chyawanprash?), was flagged as classic generic disparagement, implying competitors like Dabur lack the chops for authentic formulations.

The bench's frustration peaked when Patanjali's counsel sought more time to huddle with company reps. "We are not going to allow ‘aaltu faaltu’ appeals for everything. It is not that this order is going to hurt you. You have lots of money, so you can file an appeal in every case," Justice Shankar quipped. 

The matter was adjourned to September 23, but not before the judges signalled no interference with the single judge's interim injunction was likely, calling the ad content "plainly disparaging."

This latest skirmish traces back to December 2024, when Dabur sued Patanjali for running a blitz of TV spots (narrated by Ramdev himself) and print ads in outlets like Dainik Jagran. 

Aired nearly 900 times across channels such as Colors, Zee, and Aaj Tak, the campaign positioned Patanjali's 51-herb blend as the "real deal" while casting rivals as pedestrian peddlers of subpar immunity boosters. 

On July 3, single-judge Justice Mini Pushkarna sided with Dabur, ordering the deletion of offending phrases like "Toh ordinary chyawanprash kyu?" and edits to TVCs, emphasising how Ramdev's "yoga guru" aura amplified the misleading narrative: "To an average person... they would believe [only Patanjali] can make original Chyawanprash."

Patanjali, co-founded by Ramdev and Acharya Balkrishna in 2006 as a swadeshi antidote to multinational FMCGs, has long courted controversy with its aggressive marketing. 

In its appeal, Patanjali insists the spots are mere "puffery", highlighting its Ayurved Sar Sangrah-sourced formula, approved by Uttarakhand authorities, without naming Dabur outright. It even fired back, accusing Dabur of hypocrisy with its own "2x/3x immunity" boasts lacking Vedic backing.

"This isn't just about one ad—it's about protecting consumer trust in Ayurveda's true traditions," a Dabur spokesperson told PTI, echoing the suit's charge that Patanjali's rhetoric undermines the entire category.