The Legal Boundaries of Puffery in Indian Pharmaceutical Advertising
Introduction: The case of Dabur India Ltd. v. Patanjali Ayurved Ltd. represents a significant judicial examination of disparagement in commercial advertising, particularly in the context of Ayurvedic products regulated under the Drugs and Cosmetics Act, 1940. Dabur, a leading manufacturer of Chyawanprash, sought legal recourse against Patanjali’s advertisements for its product, 'Patanjali Special Chyawanprash,' alleging that they denigrated Dabur’s 'Dabur Chyawanprash' and the entire Chyawanprash product category. The case delves into the delicate balance between permissible comparative advertising and impermissible disparagement, especially when the product in question is a regulated Ayurvedic drug. The Delhi High Court’s ruling provides critical insights into the legal thresholds for advertising claims, the application of statutory regulations, and the protection of commercial speech under the Indian Constitution.
Factual Background: Dabur India Ltd., holding a 61.60% market share in the Chyawanprash category as of October 2024, filed a suit against Patanjali Ayurved Ltd., alleging that Patanjali’s advertisements for 'Patanjali Special Chyawanprash' disparaged Dabur’s product and the broader Chyawanprash market. The disputed advertisements included a Hindi television commercial (TVC) and Hindi and English print advertisements.
The TVC, narrated by yoga guru Mr. Ramdev, opened with the statement, “Jinko Ayurved aur Vedo ka gyaan nahi, Charak, Sushrut, Dhanvantri aur Chyawanrishi ki parampara ke anuroop, original Chyawanprash kaise bana payenge?” (translated: “Those who lack knowledge of Ayurveda and the Vedas, how can they prepare original Chyawanprash in accordance with the traditions of Charak, Sushrut, Dhanvantri, and Chyawanrishi?”). It further claimed that Patanjali’s product, made with 51 precious herbs, was superior to “ordinary” Chyawanprash, which the plaintiff argued indirectly targeted Dabur’s product, widely advertised as containing “40+ herbs.” The print advertisements echoed this narrative, questioning, “Why settle for ordinary Chyawanprash made with 40 herbs?” and positioning Patanjali’s product as superior.
Dabur contended that these claims falsely suggested that other manufacturers, including itself, lacked the requisite Ayurvedic knowledge, thereby misleading consumers and violating regulatory standards. Patanjali defended the advertisements as permissible puffery, arguing that they highlighted their product’s positive attributes without directly referencing Dabur’s product.
Procedural Background:Dabur initiated the suit seeking a permanent and mandatory injunction against Patanjali’s advertisements, along with damages for disparagement. Concurrently, Dabur filed two interim applications: I.A. 49744/2024 to stay the Hindi TVC and print advertisements, and I.A. 419/2025 to stay the English print advertisements. The Delhi High Court, heard arguments from both parties.
Dabur’s counsel argued that the advertisements constituted specific and generic disparagement by portraying Dabur’s product as inferior and misleading consumers about the authenticity of other Chyawanprash products. Patanjali’s counsel countered that the advertisements were within the bounds of commercial free speech under Article 19(1)(a) of the Constitution, asserting that no specific reference was made to Dabur’s product and that the claims were mere puffery. The court reviewed the advertisements’ content, relevant statutory provisions, and judicial precedents before issuing its interim ruling.
Legal Issue: The central legal issue was whether Patanjali’s advertisements for 'Patanjali Special Chyawanprash' constituted disparagement of Dabur’s 'Dabur Chyawanprash' and the Chyawanprash product category, and whether such advertisements were permissible under the Drugs and Cosmetics Act, 1940, and the principles governing comparative advertising. The court had to determine if the advertisements’ claims, particularly the use of “ordinary” and the implication that other manufacturers lacked Ayurvedic knowledge, were misleading, untruthful, or disparaging, and whether they warranted interim injunctive relief?
Discussion on Judgments:The court extensively relied on judicial precedents to frame its analysis of disparagement and comparative advertising. Dabur cited Colgate Palmolive Company and Anr. v. Hindustan Unilever Ltd., 2013 SCC OnLine Del 4986, where the Delhi High Court held that advertisements must convey a truthful message, particularly when the reputation of a competitor’s product is at stake. In that case, the court found that a claim of “130% better” cavity protection was a serious factual assertion requiring substantiation, not mere puffery, emphasizing that untruthful comparisons are impermissible. Dabur also referenced Gillette India Limited v. Reckitt Benckiser (India) Private Limited, 2018 SCC OnLine Mad 1126, where the Madras High Court underscored that pecuniary compensation is inadequate for disparagement, and interim injunctions are justified when a strong prima facie case is established. This precedent supported Dabur’s plea for injunctive relief over monetary remedies.
Patanjali relied on Havells India Ltd. & Anr. v. Amritanshu Khaitan, 2015 SCC OnLine Del 8112, arguing that advertisements not specifically targeting a competitor’s product are permissible puffery. The court distinguished this case, noting that it involved non-medical products, unlike the regulated Ayurvedic drugs in the present dispute. Patanjali also cited Marico Limited v. Adani Wilmar Ltd., 2013 SCC OnLine Bom 386, where the Bombay High Court found no disparagement in advertisements for cooking oil that did not claim the plaintiff’s product was inferior. The Delhi High Court again distinguished this case, emphasizing the stricter scrutiny required for medicinal products under the Drugs and Cosmetics Act.
The court further considered Reckitt Benckiser (India) Pvt. Limited and Another v. Wipro Enterprises (P) Limited, 2016 SCC OnLine Del 3376, which clarified that while advertisers may embellish their product’s qualities, they cannot claim competitors’ products are inferior. This case reinforced the distinction between permissible comparative advertising and impermissible disparagement. Additionally, Godrej Sara Lee Ltd. v. Reckitt Benckiser (I) Ltd., 2006 SCC OnLine Del 351, was cited to establish that disparaging an entire product class, even without naming a specific competitor, is actionable. The court also referenced Reckitt & Colman of India Ltd. v. Kiwi T.T.K. Ltd., 1996 SCC OnLine Del 178, to affirm that ridiculing or condemning a competitor’s product constitutes disparagement, even if done indirectly. These judgments collectively guided the court’s assessment of the advertisements’ truthfulness and impact on consumers.
Reasoning and Analysis of the Judge: The court's analysis centered on the legal and regulatory framework governing Ayurvedic drugs and the principles of comparative advertising. The court noted that Chyawanprash, as an Ayurvedic drug under Section 3(a) of the Drugs and Cosmetics Act, 1940, must be manufactured in accordance with formulae in authoritative texts listed in the First Schedule. The Act does not mandate that manufacturers possess specific Ayurvedic knowledge beyond adherence to these formulae, rendering Patanjali’s claim that other manufacturers lack such knowledge false and misleading.
The court found that the TVC’s narrative, delivered by Mr. Ramdev, a recognized figure in Ayurveda, suggested that competitors’ products were not authentic, constituting generic disparagement of the Chyawanprash category. The print advertisements’ reference to “ordinary Chyawanprash made with 40 herbs” was deemed a direct attack on Dabur’s product, given its well-known marketing as containing “40+ herbs.”
The court distinguished puffery from disparagement, noting that puffery involves exaggerated claims not taken seriously by consumers, whereas disparagement involves false or misleading statements that harm a competitor’s reputation. The use of “ordinary” was held to convey a negative impression of inferiority, unsupported by evidence, especially since all licensed Chyawanprash complies with statutory standards. The court emphasized that advertisements for regulated drugs face stricter scrutiny due to their potential to influence public health and economic behavior. Citing the Ministry of AYUSH’s 2021 notification on misleading advertisements, the court underscored the need to protect consumers from deceptive claims about Ayurvedic drugs.
The court applied the “reasonable man” test from Reckitt Benckiser v. Wipro Enterprises, assessing the advertisements from the perspective of an average consumer who is neither naive nor unduly suspicious. It concluded that the advertisements’ overall effect was to mislead consumers into believing that only Patanjali’s product was authentic, thereby disparaging competitors. The court also considered the balance of convenience and irreparable harm, finding that pecuniary compensation would not suffice for reputational damage caused by disparagement, as supported by Gillette v. Reckitt Benckiser. The interim relief sought was deemed necessary to prevent ongoing harm pending the trial.
Final Decision:The Delhi High Court granted interim relief, restraining Patanjali from publishing the impugned TVC and print advertisements. The court directed Patanjali to remove specific disparaging phrases from the TVC, including “Jinko Ayurved aur Vedo ka gyaan nahi…” and “Toh ordinary Chyawanprash kyu,” and similar references in the print advertisements cautioning against “ordinary Chyawanprash with 40 herbs.” Patanjali was permitted to continue the advertisements after these modifications. The court clarified that issues such as the use of “special,” claims about 51 herbs, and the presence of mercury in Patanjali’s product were reserved for trial.
Law Settled in This Case: This case reinforces the legal principle that comparative advertising, while permissible under the Trade Marks Act, 1999, and Article 19(1)(a) of the Constitution, must not cross into disparagement by making false or misleading claims about competitors’ products. For regulated products like Ayurvedic drugs under the Drugs and Cosmetics Act, 1940, advertisements face stricter scrutiny to prevent deception that could affect public health. The court clarified that disparagement includes both specific targeting of a competitor’s product and generic denigration of an entire product class. The use of terms like “ordinary” to imply inferiority, especially when unsupported by evidence, constitutes actionable disparagement. The judgment also underscores that interim injunctions are appropriate in disparagement cases where pecuniary compensation is inadequate, emphasizing the importance of protecting reputational interests pending trial.
Case Title: Dabur India Ltd. Vs. Patanjali Ayurved Ltd.:Date of Order: July 3, 2025:Case Number: CS(COMM) 1195/2024:Neutral Citation: 2025:DHC:5232:Name of Court: Delhi High Court:Name of Judge: Hon'ble Ms. Justice Mini Pushkarna
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Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
