The Central Consumer Protection Authority (CCPA) has levied a fine of ₹1 lakh on Mrs. Bectors Food Specialities, the producer of English Oven bread, for disseminating misleading advertisements. The company claimed that its bread products were ‘100% Atta’ and ‘100% Whole Wheat Bread,’ which the authority found to be deceptive.
On June 9, CCPA Chief Commissioner Nidhi Khare, along with Commissioner Anupam Mishra, issued the order. The CCPA instructed Mrs. Bectors to cease all misleading advertisements across print, electronic, and social media platforms.
This case surfaced following the CCPA’s observation of an advertisement in the Hindustan Times, dated September 13, 2024, which promoted the ‘100% Wheat Bread’ by English Oven. The ad insinuated that the bread was entirely made from wheat. Contrarily, the product labels disclosed wheat contents of 73% and 87% for two different variants.
The CCPA noted that such assertions could bewilder consumers into assuming they were purchasing a product solely comprised of wheat or atta. The CCPA consulted the Food Safety and Standards Authority of India (FSSAI), which mandates that whole wheat bread should contain at least 75% whole wheat flour, and bread labeled as wheat or atta bread must have a minimum of 50%.
Despite the FSSAI’s standards, they also highlighted that the label ‘English Oven 100% Atta Bread’ was misleading, given that the bread contained only 87% whole wheat flour.
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Mrs. Bectors contended that the phrase ‘100% Atta’ intended to convey that wheat flour was the exclusive grain source in the bread, devoid of refined flour or maida. They argued that the claim did not imply that the bread was comprised solely of atta, excluding water, yeast, salt, permissible additives, or other baking components.
The CCPA dismissed this argument, stating, “The use of the qualifier ‘100%’ is absolute, unequivocal, and admits of no dilution or interpretative flexibility.” The authority determined that the term ‘100% Whole Wheat Bread,’ coupled with the claim ‘No Maida,’ would lead an average consumer to believe the product was entirely made of whole wheat flour.
The CCPA asserted, “A product containing 87% wheat flour, by the Opposite Party’s own admission, falls short of the literal and ordinary meaning of ‘100%’, thus rendering the claim factually incorrect.”
Additionally, the authority emphasized that mere adherence to the minimum standard for whole wheat bread does not justify a ‘100% Atta’ or ‘100% Whole Wheat Bread’ claim. The CCPA also rejected the company’s argument of good faith, stating that the advertiser’s intent is irrelevant if the claim could potentially mislead consumers.
Advertisements must be evaluated from an average consumer’s standpoint, not based on a technical explanation provided by the advertiser later. The authority concluded that the statements constituted misleading advertisements and an unfair trade practice under the Consumer Protection Act, 2019.
