CCPA fines Britannia Rs 1 lakh over 100% whole wheat bread claim; says product only has 62 per cent wheat

The Central Consumer Protection Authority CCPA has imposed a fine of Rs 1 lakh on FMCG firm Britannia Industries and has ordered it to discontinue its misleading advertisements that claimed 100 whole wheat bread as it noted the wheat content in the product is just 62 per centIn its order dated October 22 the CCPA said it has taken suomoto cognizance against Britannia Industries which had published advertisements with the claim 100 Whole Bread However through the product packaging it was observed that the wheat content of the product was declared 62 per centBritannia Industries Limited is in violation of Section 228 of the Consumer Protection Act 2019 as it has represented the product as 100 Whole Wheat Bread despite the product containing only 625 per cent whole wheat flour The said representation misleads the consumers regarding the composition of the product and influences the purchasing decision of the consumers it saidCompanys claims don match the product compositionIt said that the company admitted that the 100 Whole Wheat Bread consisted of only 62 per cent Wheat Flour AttaYet it claimed 100 Whole Wheat Bread Thus it appeared to be blatantly deceiving consumers under the garb of 100 Whole Wheat Bread it saidIt further said regulation provision mandates that for a bread product to be displayed as Whole Wheat Bread the special ingredient namely whole wheat flour must constitute at least 75 per cent of the prescribed compositionIn the present matter the product admittedly contains only 62 per cent whole wheat while the remaining 38 per cent comprises other ingredients including rice bran and other constituents it saidThe claim 100 is misleadingThe CCPA said the advertisement claims of 100 per cent whole wheat was misleading as it conveys that the product is made entirely from whole wheatIt further said through multiple advertising claims the company used numerical expression 100 as a central element of its promotional strategy wherein Whole Wheat has been referred The use of such a precise and absolute numerical 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 admixtureFSSAI says ads misleadingIt said comments were sought from Food Safety and Standards Authority of India FSSAI during the investigation in this matter and the food regulator said that the claims were misleading ambiguous and prone to misinterpretationIt also pointed out that under the provisions of the Food Safety and Standards Advertising and Claims Regulations 2018 the term 100 in relation to food products is not permissibleThe companys reliance on the qualifier accompanying the 100 Whole Wheat claim does not adequately address this concern as the corresponding qualification Made From 100 Whole Wheat Flour On Flour Basis is displayed in substantially much smaller font A much smallfont disclaimer or qualifier cannot by itself cure a prominent claim which is otherwise capable of misleading the consumer it saidRejects companys claims on communicationThe CCPA rejected the companys explanation that the claims were intended merely to communicate wholesomeness and said it is untenable and cannot justify a representation that has the tendency to deceive consumers Acceptance of such reasoning would lead to absurd and impermissible consequences enabling products with only a marginal proportion to say 5 per cent of atta and no maida to be marketed as 100 Atta BreadIt acknowledged that the company has initiated steps at certain places to change the nomenclature from 100 Whole Wheat Bread to Zero Maida Whole Wheat Bread which is a positive step towards prospective compliance