India's consumer protection regulator has directed the maker of McVitie's Whole Wheat Marie biscuits to stop using the 'Wholewheat' claim on its packaging, ruling that the label misleads consumers about the product's ingredients. The Central Consumer Protection Authority (CCPA) also imposed a penalty of ₹1 lakh on Pladis India Pvt Ltd, the company behind the biscuits.
The order, dated August 28, was issued by CCPA chief commissioner Nidhi Khare and commissioner Anupam Mishra, according to The Times of India. The CCPA concluded that the 'Wholewheat' claim constituted a misleading advertisement and an unfair trade practice under the Consumer Protection Act, 2019, as reported by The Hindu.
The claim and the ingredients
The CCPA found that McVitie's Whole Wheat Marie biscuits contain only 19.5% whole wheat flour (atta), while 52% comprises refined wheat flour (maida), as reported by The Hindu and The Times of India. Despite this, the packaging prominently displayed 'Wholewheat' and wheat imagery, creating what the regulator called a "false and misleading impression" regarding the product's composition.
"Such claims falsely represents the product and gives a false guarantee to mislead the consumers as to the nature, substance, quantity or quality of such product which violates the provisions of the Consumer Protection Act, 2019," the CCPA said, as quoted by The Hindu.
In its order, the CCPA noted that "the use of such an absolute qualifier is neither incidental nor innocuous, rather, it is calculated to convey to consumers a clear and unequivocal impression and absence of any dilution or admixture," according to The Hindu.
The proceedings were initiated suo motu after the CCPA took note of a news report referring to a social media video by industrialist Harsh Goenka, which raised concerns over food product labels that appeared to contradict ingredient lists, both outlets reported.
The company's defence and the ruling
Pladis India defended the use of 'Wholewheat', saying it was part of a registered trademark and was intended to distinguish the product from regular Marie biscuits, which are made without whole wheat flour, according to The Hindu. The company also pointed to a disclaimer on the package stating "this is only a trademark and does not represents its true nature," as reported by The Times of India and The Hindu.
The CCPA rejected this defence. Khare and Mishra said the fact that 'Wholewheat' was part of a registered trademark did not give the company the right to make a claim that could mislead consumers, The Times of India reported. The CCPA held that "a consumer cannot reasonably be expected to neglect the plain and prominent representation on the front of the package merely on account of a disclaimer in hardly noticeable font size directing that the expression does not represent the 'true nature' of the product," as quoted by The Hindu.
"The protection afforded to a registered trademark cannot be construed as a licence to make or perpetuate a misleading representation under the guise of a trademark, particularly where the product contains only 19.5 percent whole wheat flour," the CCPA said, as reported by The Times of India.
What the company must do
The CCPA directed Pladis India to immediately discontinue the "false and misleading advertisement" across print, electronic and social media, and to modify all fresh packaging to remove the claim, The Hindu reported. The company was also asked to submit a compliance report within 15 days.
Pladis India said it was willing to revise the packaging by removing 'Wholewheat' from the trademark and would not place fresh orders for old packaging, but sought nine months to implement the changes, according to The Hindu. The CCPA directed the company to ensure all fresh packaging from the date of the order removes the claim and to discontinue the advertisement immediately, The Hindu reported.