CCPA fines McVitie's maker ₹1 lakh for misleading 'Wholewheat' label on Marie biscuits
The Central Consumer Protection Authority (CCPA) has imposed a penalty of ₹1 lakh on Pladis India Pvt. Ltd., the manufacturer of McVitie's biscuits, for what it termed a misleading claim on its Whole Wheat Marie biscuits. The regulatory action, announced in an order dated August 28, underscores the consumer watchdog's strict stand against packaging that may deceive buyers about a product's true composition.
The CCPA said the McVitie's Whole Wheat Marie Biscuits contained only 19.5% whole wheat flour (atta), while refined wheat flour (maida) constituted 52% of the product. However, the packaging prominently displayed the word “Wholewheat” along with wheat imagery, creating a false impression about the product's nature and composition. According to the authority, such claims violate the provisions of the Consumer Protection Act, 2019, as they mislead consumers about the substance, quality, or characteristics of the product.
“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,” the CCPA observed. The authority directed the company to discontinue the misleading advertisement across print, electronic, and social media platforms immediately. It also ordered that all fresh packaging of the product remove the claim and that the company submit a compliance report within 15 days.
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 had raised concerns over food product labels that appeared to contradict their ingredient lists. This prompted the consumer regulator to examine whether the McVitie's product's branding was in line with its actual composition.
During the proceedings, Pladis India defended its use of “Wholewheat”, arguing that it was part of a registered trademark intended to distinguish the product from regular Marie biscuits, which are typically made entirely of refined wheat flour. The company also pointed to a disclaimer on the package that read: “this is only a trademark and does not represent its true nature”. The CCPA, however, rejected this defence, stating that a consumer cannot reasonably be expected to overlook the bold and prominent representation on the front of the package merely because of a disclaimer in hardly noticeable font size.
“Such an approach would effectively permit a manufacturer or marketer to make a potentially misleading representation as part of its branding and subsequently seek immunity by characterising the same as a trademark,” the authority said. The CCPA concluded that the “Wholewheat” claims constitute misleading advertisements and unfair trade practices under the Consumer Protection Act, 2019, affecting consumers as a class.
Pladis India had also said it was willing to revise the packaging by removing “Wholewheat” from the trademark and sought nine months to implement the change so that existing packaging material could be exhausted. The CCPA, however, directed the company to ensure that, with effect from the date of the order, all fresh packaging is modified to remove the false and misleading claim. The company must also discontinue the advertisement immediately from all media.
This action by the CCPA sends a clear signal to manufacturers that consumer protection regulations will be enforced strictly. Using brand names or trademarks as a shield to mislead consumers about a product's ingredients will not be tolerated. The order also highlights the importance of reading labels carefully and the need for transparency in food packaging.
