English Oven bread not 100% atta: CCPA imposes ₹1 lakh penalty for misleading advertisements

The Central Consumer Protection Authority (CCPA) has imposed a penalty of ₹1 lakh on Mrs Bectors Food Specialities, the manufacturer of English Oven bread, for misleading advertisements claiming that its bread products were “100% Atta” and “100% Whole Wheat Bread”..The order was passed on June 9 by CCPA Chief Commissioner Nidhi Khare and Commissioner Anupam Mishra..The authority also directed Mrs Bectors to immediately discontinue the misleading advertisements from all print, electronic and social media platforms..The case arose after the CCPA noticed an advertisement published in Hindustan Times on September 13, 2024 for Mr Bector’s English Oven “100% Wheat Bread”. According to the CCPA, the advertisement suggested that the bread was made from 100% wheat. However, the product labels showed wheat content of 73% and 87% for two variants.The authority said that such claims could mislead consumers into believing that they were buying a product made entirely of wheat or atta..The CCPA had sought comments from the Food Safety and Standards Authority of India (FSSAI), which said that whole wheat bread must contain at least 75% whole wheat flour, while bread labelled as wheat or atta bread must contain at least 50%.However, FSSAI also said that the name “English Oven 100% Atta Bread” was misleading since the product contained only 87% whole wheat flour..Mrs Bectors argued that the expression “100% Atta” was only meant to indicate that wheat flour was the sole grain source in the bread and that no refined flour or maida was used. It said that the claim did not mean that the bread consisted only of atta, without water, yeast, salt, permitted additives or other baking inputs.The CCPA rejected the argument.“The use of the qualifier ‘100%’ is absolute, unequivocal, and admits of no dilution or interpretative flexibility,” the order said.The authority held that the expression “100% Whole Wheat Bread”, when coupled with the claim “No Maida”, would convey to an average consumer that the product was entirely composed of whole wheat flour.“A product containing 87% wheat flour, by the Opposite Party’s own admission, falls short of the literal and ordinary meaning of ‘100%’, thereby rendering the claim factually incorrect,” the CCPA said..The authority added that merely complying with the minimum standard prescribed for whole wheat bread would not allow a company to make an additional “100% Atta” or “100% Whole Wheat Bread” claim..It also rejected the company’s plea of good faith, holding that the intent of the advertiser is irrelevant when the claim is capable of creating a false impression in the minds of consumers.Advertisements, the CCPA said, must be assessed from the perspective of an average consumer and not through a technical interpretation later advanced by the advertiser.The authority concluded that the claims amounted to misleading advertisements and unfair trade practice under the Consumer Protection Act, 2019..[Read Judgment]