Calcutta HC quashes 'gag order' against YouTuber who flagged heavy metals in Emami product

The Calcutta High Court has quashed a previous court order that had restrained nutrition YouTuber Arpit Mangal from publishing content about Emami Limited's product, "Zandu Ashwagandha Gold Plus." The lower court had prohibited Mangal from displaying or publishing any material regarding the product after he released a video detailing laboratory findings of elevated lead and mercury levels.

The High Court's decision on September 22, 2026, overturned a May 3, 2025, injunction. The higher court found that the trial court had overlooked the "Bonnard standard," which dictates that a pre-trial injunction against speech should only be granted if a defense of truth is certain to fail. The High Court concluded that Emami had not met this threshold and thus set aside the injunction, describing it as a "gag order stifling free speech in the larger interest of the public."

The bench found no evidence of commercial motive or an advertiser "material connection" that would trigger disclosure rules. It also held that Mangal's stated qualifications were sufficient for him to comment on nutrition and health matters. Mangal's YouTube channel, Trustified, used independent, accredited laboratories for product testing, which reported levels of lead and mercury exceeding those set by the Indian Pharmacopoeia.

This case holds significance for the future of legal challenges and online product reviews. It highlights the need to balance the protection of corporate reputations with the public's right to information regarding potential product risks. The High Court's ruling reinforces the importance of free information flow, even concerning commercial goods.