The Calcutta High Court affirmed the applicability of the Bonnard principle in Indian defamation jurisprudence, setting aside an ex parte ad interim injunction that restrained social media influencers from publishing test results showing excessive lead and mercury in Zandu Ashwagandha Gold Plus. The Court held that interim injunctions in defamation suits require plaintiffs to prove the defendant's truth defense is certain to fail at trial, a standard not met by the respondents. This judgment clarifies the balance between freedom of speech and reputation rights in the context of public interest scientific scrutiny.
Background & Facts
The Dispute
The appellants, Arpit Mangal (a social media influencer certified as a sports science nutritionist and personal trainer) and his company Trustified, published a YouTube video on March 26, 2025, alleging that Zandu Ashwagandha Gold Plus (manufactured by Emami Limited) contained dangerously high levels of lead and mercury. The respondents claimed the video was defamatory and sought an ex parte ad interim injunction to restrain its dissemination, arguing it violated advertising guidelines and constituted disparagement of their Ayurvedic proprietary medicine.
Key Facts
- The appellants tested the product through Eurofins Analytical Services India Private Limited (FSSAI Notified NABL and IAS accredited laboratory)
- First-level testing revealed Withanolide content of only 0.60g per 100g, significantly below the 5%+ required for health benefits
- Second-level heavy metal testing showed:
- Lead: 69% excess in initial report (permissible limit 10 PPM), 645% excess in retest
- Mercury: 628% excess in initial report (permissible limit 1 PPM), 745% excess in retest
- The appellants followed a 24-hour protocol after emailing test results to plaintiffs on March 25, 2025, before uploading the video on March 26, 2025
- Plaintiffs issued a legal notice on April 17, 2025, claiming the product was an Ayurvedic medicine under Drugs and Cosmetics Act, 1940
- Appellants replied to the notice on April 22, 2025, detailing their testing process and asserting defense of truth
- The Trial Judge granted an ex parte ad interim injunction on May 3, 2025 (Order No. 02 in Title Suit No. 632 of 2025), restraining appellants from displaying/video
Procedural History
- March 25, 2025: Appellants emailed test results to plaintiffs
- March 26, 2025: Impugned video uploaded after 24-hour waiting period
- April 17, 2025: Plaintiffs' legal notice issued
- April 22, 2025: Appellants' reply to legal notice
- May 3, 2025: Trial Judge granted ex parte ad interim injunction (Order No. 02)
- August 11, 18, 25 & September 1, 2026: Hearings before Division Bench
- September 1, 2026: Judgment reserved
- September 22, 2026: Judgment pronounced
Relief Sought
The appellants sought to set aside the ex parte ad interim injunction order dated May 3, 2025, and have the appeal allowed on merits, with no specific monetary relief claimed.
The Legal Issue
The cardinal issues were: (i) whether the Bonnard principle from English defamation law is applicable in Indian jurisprudence for granting interim injunctions, and (ii) whether the Trial Judge correctly applied the merits test by assessing whether the appellants used proper parameters under the Ayurvedic Pharmacopoeia of India (API) when testing Zandu Ashwagandha Gold Plus for heavy metal content.
Arguments Presented
For the Appellant/Petitioner
The appellants argued that the Bonnard principle is firmly established in Indian law through Bloomberg Television Production Services India Pvt. Ltd. & Ors. v. Zee Entertainment Enterprises Ltd. [(2025) 1 SCC 741], which overruled contrary views in National Sugar Mills Ltd. v. Ashutosh Mukherjee. They contended the Trial Judge erred by not applying the Bonnard test, which requires plaintiffs to prove the truth defense is certain to fail at trial. The appellants asserted their video constituted protected free speech in public interest, as it educated consumers about health risks from excessive heavy metals. They emphasized their credentials as certified nutritionists and trainers were judicially recognized in San Nutrition Private Ltd. v. Arpit Mangal and Others [2025 SCC OnLine Del 2701], and the video lacked commercial motive or malice, thus excluding ASCI Guidelines applicability. Furthermore, they maintained they applied correct API parameters (Part-II, Volume-II for formulations) and the test results were corroborated by double verification from accredited labs.
For the Respondent/State
The respondents argued the Bonnard principle is inapplicable in India because English defamation law relies on juries to assess truth defenses, whereas Indian judges decide such questions. They cited National Sugar Mills Ltd. v. Ashutosh Mukherjee to support this position. The respondents contended the appellants lacked expertise in Ayurveda or health nutrition, rendering their comments inadmissible under ASCI Guidelines for influencers. They asserted the video used disparaging terms like "poison in a bottle" and "cancerous" without disclosing the basis for heavy metal limits, and that the appellants' reliance on Part-II of the API was misplaced since the product was an Ayurvedic proprietary medicine falling under Part-I. The respondents further claimed the laboratory reports were flawed due to missing brand/batch details and incorrect categorization of the product as "food and agricultural products" rather than Ayurvedic formulation.
The Court's Analysis
The Court first addressed the applicability of the Bonnard principle in India. It traced the principle to Bonnard v. Perryman [(1891) 2 CH 269 (CA)] and Fraser v. Evans [(1969) 1 QB 349 = (1968) 2 WLR 1172 (CA)], noting its adoption by the Supreme Court in Bloomberg Television [(2025) 1 SCC 741] as an additional test for granting interim injunctions in defamation suits. The Court rejected the argument that the principle depends on jury trials, stating Bloomberg Television clarified that the stronger rationale is "the importance in the public interest that the truth should out" and that free speech should remain unfettered. Consequently, the proposition in National Sugar Mills was deemed erroneous and overruled by necessary implication.
On merits, the Court examined whether the appellants used correct API parameters. It held that Part-II of the API governs "formulations," and since the plaintiffs' own legal notice admitted the product was a "formulation," both Part-I (for individual ingredients) and Part-II (for end-product) limits applied. The Court found the appellants relied on Part-II, Volume-II, which prescribes limit tests for heavy metals (Lead: 10 PPM, Mercury: 1 PPM) in Table-4 of Appendix-I. The test reports from Eurofins, showing lead and mercury levels vastly exceeding these limits, were sufficient to establish a prima facie defense of truth. The Court emphasized that the Bonnard test demands plaintiffs prove the truth defense is "certain to fail" at trial - a standard not met here, as the plaintiffs failed to challenge the lab credentials or reports meaningfully. The video's purpose - educating the public about health risks from excessive lead and mercury - further reinforced its protection as free speech in public interest, with terms like "cancerous" used contextually to warn of carcinogenic risks.
The Verdict
The appellants succeeded in their appeal. The Court set aside the ex parte ad interim injunction order dated May 3, 2025 (Order No. 02 in Title Suit No. 632 of 2025) passed by the learned Civil Judge (Senior Division), Fourth Court at Alipore, District - South 24 Parganas. CAN 1 of 2025 was also disposed of. No order as to costs was passed. The prayer for stay of operation of the judgment was refused, as reviving the injunction would deprive the public of vital knowledge about the product.
What This Means For Similar Cases
The Bonnard Principle Governs Interim Injunctions in Defamation Suits
Practitioners must now insist that plaintiffs seeking ex parte or interim injunctions in defamation cases bear the burden of proving the defendant's truth defense is "certain to fail" at trial. Mere prima facie falsity is insufficient; courts will not grant pre-trial restraints without this heightened showing. This shifts the dynamic in injunction practice, requiring plaintiffs to marshal evidence demonstrating inevitable trial failure of the truth defense before interim relief can be considered.
Defense of Truth Requires Specific Evidentiary Foundation
The judgment clarifies that a defense of truth in defamation suits is established through objective, verifiable data - such as accredited laboratory test results - rather than subjective opinions. For product-related claims, defendants must demonstrate compliance with relevant statutory standards (here, API limits for formulations) and maintain transparent testing protocols (e.g., anonymous sampling, pseudonym use, retest procedures). Crucially, plaintiffs cannot defeat this defense by merely asserting alternative expert opinions without challenging the underlying data's integrity or methodology.
Public Interest Scientific Scrutiny Receives Enhanced Protection
Courts will scrutinize whether allegedly defamatory content serves a genuine public educational purpose, particularly when addressing health and safety concerns. Content motivated by public interest - such as informing consumers about hazardous substances in everyday products - is entitled to robust protection under Article 19(1)(a), even if it uses strong terminology like "cancerous" when contextualized to warn of scientifically established risks. Commercial motive or malice remains a key factor in determining applicability of regulatory guidelines like the ASCI Code for influencers.
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