The Central Consumer Protection Authority (CCPA) has imposed a penalty of Rs 1 lakh on Britannia Industries Ltd for a misleading advertisement that claimed "100% whole wheat bread" even though the product's declared wheat content was just 62 per cent.
In its order dated October 22, the CCPA, headed by Chief Commissioner Nidhi Khare, directed the company to discontinue the advertisement with immediate effect across all print and electronic media, including social media.
Britannia has also been asked to submit a compliance report within 15 days.
๐๐๐ฃ๐ ๐ณ๐น๐ฎ๐ด๐ ๐บ๐ถ๐๐น๐ฒ๐ฎ๐ฑ๐ถ๐ป๐ด ๐ฐ๐น๐ฎ๐ถ๐บ๐
The regulator took suo motu cognisance of the matter after noticing that the packaging of the product declared a wheat content of 62 per cent, despite the "100%" claim in its advertisements.
"In the present matter, the product admittedly contains only 62% whole wheat, while the remaining 38% comprises other ingredients, including rice bran and other constituents," the order said.
It added that the claim, prefixed with "100%", was prima facie misleading as it gave the impression that the product was made entirely of whole wheat.
During the investigation, the company accepted that its "100% whole wheat bread" contained only 62 per cent wheat flour (atta). The CCPA observed that the company had nonetheless used the claim, "blatantly deceiving consumers".
๐ฅ๐ฒ๐ด๐๐น๐ฎ๐๐ผ๐ฟ ๐ฐ๐ถ๐๐ฒ๐ ๐ณ๐ผ๐ผ๐ฑ ๐๐ฎ๐ณ๐ฒ๐๐ ๐ฟ๐๐น๐ฒ๐
The regulator also pointed out that the Food Safety and Standards (Advertising and Claims) Regulations, 2018, make no provision for using the prefix "100%" before the term "whole wheat". Falsely claiming a product to be "100% whole wheat" was therefore misleading under the Consumer Protection Act, 2019, it said.
The expression "100% whole wheat bread" clearly suggested to consumers that the product consisted entirely of atta, with no additional ingredients, the CCPA said.
It noted that Britannia had, through multiple advertisements, prominently used the numerical expression "100%" as a central element of its promotional strategy.
"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 admixture," the order said.
๐๐ผ๐บ๐ฝ๐ฎ๐ป๐'๐ ๐ฒ๐ ๐ฝ๐น๐ฎ๐ป๐ฎ๐๐ถ๐ผ๐ป ๐ฟ๐ฒ๐ท๐ฒ๐ฐ๐๐ฒ๐ฑ
Rejecting the company's explanation that the claims were meant merely to communicate wholesomeness, the CCPA called it "untenable" and said it could not justify a representation likely to deceive consumers.
"Accordingly, the CCPA concludes that the impugned claims constitute misleading advertisements and unfair trade practice within the meaning of the Consumer Protection Act, 2019, and affect consumers as a class," the order said.