Delhi High Court Seeks Patanjali's Response On Dabur's Fresh Injunction Plea Over 'Disparaging' Chyavanprash Ads

The Delhi High Court on Friday (January 10) sought response of Patanjali Ayurved on a fresh injunction plea moved by Dabur in its suit alleging that the former was running disparaging advertisements against its Chyavanprash product.

Summons in the suit were issued on December 24 last year, along with notice on Dabur's application seeking ad interim injunction against the advertisements.

Today, a fresh injunction application was moved by Dabur alleging that after issuance of summons, Patanjali ran 6,182 advertisements against its product in last one week.

Senior Advocate Sandeep Sethi appearing for Dabur submitted before Justice Mini Pushkarna that Patanjali, in the advertisements, claims that its product is made using more than 51 herbs whereas only 47 herbs have been used.

Sethi said that Patanjali was using mercury in the product which is not fit for consumption of children.

It was also submitted that Patanjali's advertisement specifically refers to Dabur's product made with using 40 herbs as “ordinary.”

Sethi drew Court's attention to Dabur's product which states that it is made using 40 plus herbs. He submitted that Patanjali's reference to the product made using 40 herbs clearly refers to Dabur who is the market leader in the product having more than 60% of the market share.

"They refer to us as ordinary. They make a market leader ordinary," he said.

Sethi further said that there is disparagement carried out by Patanjali by calling Dabur as ordinary as if to show that the former is the only one who follows the books and not the latter.

He also alleged that there was misrepresentation on Patanjali's part to show false number of herbs used in its product.

Senior Advocate Jayant Mehta appearing for Patanjali raised strong objection to the second interim injunction application. While denying the submissions made by Sethi, Mehta said that all the ingredients used in Patanjali's product are as per prescribed formula and fit for human consumption.

The Court issued notice on the second interim injunction application and sought Patanjali's response. It listed both the applications for hearing on January 20.

Title: Dabur India Limited v. Patanjali Ayurved