Home / Business and Economy / Court Overturns Product 'Poison' Ban for Free Speech
Court Overturns Product 'Poison' Ban for Free Speech
23 Sep
Summary
- Court ruled against injunction, calling it a gag order on free speech.
- Product review cited 'poison' and 'cancerous' due to heavy metal content.
- Lab tests confirmed lead and mercury exceeded permissible limits.
The Calcutta High Court has set aside an order that prohibited a social media influencer and his company from releasing a review video for Emami's Zandu Ashwagandha Gold Plus. This review had described the product as "poison" and "cancerous." The court stated that the initial injunction acted as a "gag order," suppressing free speech.
The court reasoned that the term "cancerous" was used to inform the public about the carcinogenic risks associated with excessive lead and mercury, rather than to disparage the product. Expert reports from Emami did not dispute the presence of these heavy metals but sought to justify them as byproducts of their manufacturing process.
The social media influencer, Arpit Mangal, a sports science nutritionist, had the product tested by Eurofins Analytical Services India. The tests revealed that the product contained significantly less Withanolide than expected and that lead and mercury levels were well above the permissible limits according to the Ayurvedic Pharmacopoeia of India.
Emami Limited had issued a legal notice on April 17, 2025, claiming the product was an Ayurvedic medicine and alleging the video was defamatory. Mangal responded on April 22, 2025, asserting his claims were backed by accredited third-party laboratory tests. An interim order was passed by the trial court on May 3, 2025, prohibiting Mangal from publishing any statements about the product. The high court, however, emphasized the importance of free speech in the public interest and reversed the interim injunction.
