CCPA fines Britannia ₹1 lakh for misleading '100% Whole Wheat Bread' claim

The Central Consumer Protection Authority (CCPA) has imposed a penalty of ₹1 lakh on Britannia Industries Limited for misleading consumers by advertising bread containing only 62% whole wheat flour as "100% Whole Wheat Bread."

In an order dated October 21, Chief Commissioner Nidhi Khare and Commissioner Anupam Mishra held that the company's packaging and advertisements falsely conveyed that the bread was made entirely from whole wheat flour.

"The Opposite Party has not merely overstated the proportion of whole wheat in the impugned product but has also employed a product nomenclature that is, on the stated facts, inconsistent with the prescribed compositional requirement," the CCPA observed.

The Authority directed Britannia to immediately discontinue the misleading advertisements and submit a compliance report within 15 days.

The proceedings arose from the Authority's suo motu examination of Britannia's promotional claims, including "100% Whole Wheat Bread", "0% Maida" and statements describing its bread product as suitable for a healthy diet.

An investigation revealed that the bread contained only 62% whole wheat flour, while the remaining 38% comprised other ingredients, including water, yeast and wheat bran.

Britannia defended its advertisements by arguing that the expression "100%" referred to the wheat component of the bread, which consisted entirely of whole wheat flour without any maida.

It also relied on food labelling regulations prescribing a minimum 75% whole wheat flour content for products marketed as "Whole Wheat Bread."

However, the CCPA rejected the company's interpretation that the prescribed threshold could be calculated by considering only the wheat component rather than the product's overall composition.

"The expression '100%' conveys totality of composition and not selective exclusivity of a single category of ingredient," the Authority observed.

The CCPA further held that the smaller disclosure "Made From 100% Whole Wheat Flour on Flour Basis" could not cure the misleading impression created by the prominently displayed claim.

It also questioned Britannia's advertisement, suggesting that three slices of the bread provided dietary fibre equivalent to one roti and paired well with a healthy diet.

The Authority noted that the Food Safety and Standards Authority of India (FSSAI) had separately found the use of "100%" misleading and advised food businesses against using the expression in product labels and advertisements.

Finding Britannia guilty of misleading advertising and unfair trade practices under the Consumer Protection Act, 2019, the CCPA imposed the penalty and directed the withdrawal of the advertisements across all media.

Advocates Sandeep Kumar, Mohd Mohsin Beg, Tahir Nizam and Siddharth Jain appeared for Britannia.

[Read Order]