The Delhi High Court on Tuesday handed down a mixed ruling in the much-watched battle between two heavyweights of the Chyawanprash market- Dabur and Patanjali. A division bench allowed Patanjali to keep calling rival products “ordinary Chyawanprash” in its advertisements, but struck down the use of the phrase “with 40 herbs,” which was seen as a direct swipe at Dabur’s long-established formula.
Background
The dispute began in July when Dabur, which holds over 60% of the Chyawanprash market, challenged Patanjali’s promotional campaign for its “Special Chyawanprash.” Dabur alleged that Patanjali’s ads misled consumers by implying Dabur’s product lacked authenticity and was merely “ordinary.” A single-judge bench, led by Justice Mini Pushkarna, partly agreed and ordered Patanjali to edit its campaign, removing both the reference to “ordinary Chyawanprash made with 40 herbs” and visuals suggesting only Ayurvedic experts could make the “original” product. Patanjali appealed, calling the restrictions excessive and a curb on commercial puffery- the practice of using exaggerated claims in advertising.
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Court’s Observations
On Tuesday, Justices Hari Shankar and Om Prakash Shukla heard lengthy arguments from both sides before pronouncing their order. The bench drew a fine line between acceptable exaggeration and unlawful disparagement.
“The statement ‘why settle for ordinary Chyawanprash’ is puffery. At worst, it is boastful advertising, which the law tolerates,” the judges observed. But they were firm that linking this with the phrase “made with 40 herbs” could not stand. “That directly points to Dabur’s formula. It is no longer puffery but targeted comparison,” the court remarked.
The judges also stressed that modern consumers are far more discerning than before. “Comparative advertising today is not what it was three decades ago. To say ‘I am better than others’ is permissible. To call a rival out by exact numbers or traits crosses into disparagement,” the bench explained.
Interestingly, the court dismissed Dabur’s broader concern that using the word “ordinary” itself might damage its brand. “Enlightened consumers are not so gullible as to abandon Dabur’s product merely because Patanjali calls it ordinary,” the order said.
Decision
After these deliberations, the bench modified Justice Pushkarna’s earlier injunction. Patanjali may continue using “ordinary Chyawanprash” in its promotions, but any mention of “40 herbs” is off the table. The appeal was closed on this understanding, with Dabur’s counsel agreeing to the narrower restraint.
The court made it clear that unresolved questions-including the technical debate over how many herbs are required in a traditional Chyawanprash-will be left to the trial stage. For now, Patanjali walks away with partial relief, while Dabur secures protection against direct targeting of its formulation.
Case Title: Patanjali Ayurved Ltd. vs Dabur India Ltd.
Date of Order: September 2025
