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Delhi High Court prima facie held that a Prohibitory Order under Section 36, Food Safety and Standards Act, 2006, ought not to have been passed without affording an opportunity of hearing, and accordingly stayed the Impugned Order against DABUR.
While Patanjali could state that its product, ‘Patanjali Special Chyawanprash’, was the best, it could not state that the other chyawanprash manufactures lacked the necessary knowledge and technical know-how to prepare the same as per ayurvedic texts, since that statement is both untrue and misleading to the public at large.
“The freedom of commercial speech of the respondent and its fundamental right to do business cannot be throttled on a vague perception of disparagement, which is completely illusory in the present case.”
The Calcutta High Court, in a previous order, requested the parties to consider resolving the dispute by blurring out or removing fruit juice packets deceptively similar to Dabur’s ‘Real’ fruit juice from the impugned video.