Patanjali Ordered to Remove
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The Delhi High Court has ordered Patanjali to take down its Chyawanprash commercial within 72 hours, ruling that it constitutes commercial disparagement. The advertisement branded rival products as "dhokha" or deception, prompting Dabur to file a plea for restraint. According to the court, the freedom of speech under Article 19(1)(a) of the Constitution does not extend to the dissemination of falsehoods or confer any right to defame, disparage, or denigrate a competitor. The court held that an advertisement loses constitutional protection if it becomes false, misleading, unfair, or deceptive. Dabur, which holds over 60% of the market share in the Chyawanprash segment, argued that the Patanjali advertisement was "per se defamatory and disparaging" as it painted all other makers in a negative light. Patanjali defended the commercial, stating that it aimed to highlight its product as a healthier alternative with additional ingredients unavailable in other products. However, the court rejected Patanjali's arguments, ruling that advertisers are free to exaggerate or highlight the virtues of their own products, but cannot malign or disparage an entire class of competing goods. The court emphasized that advertisers must ensure any factual claim or representation made in an advertisement is accurate and free from potential to mislead. The court's verdict sets a precedent for advertisers to be cautious when making comparative claims, ensuring that they do not cross the line into commercial disparagement. As Justice Tejas Karia stated, "Whereas it is open to exaggerate the claims relating to the goods or services and embellish their virtues or benefits, it is not open to denigrate or disparage the goods of others as a class in its entirety."
