NEW DELHI: The Central Consumer Protection Authority (CCPA) has directed Pladis India Pvt Ltd (formerly known as United Biscuits Pvt Ltd), which sells McVitie’s Whole Wheat Marie biscuits, to stop using the “Wholewheat” claim on the product, saying it could mislead consumers about the biscuits’ ingredients. The authority also imposed a penalty of Rs 1 lakh on the company. The order was passed on August 28, 2026.Why did the CCPA take action against McVitie‘s?According to the CCPA order, the matter came to its notice after a newspaper article referred to a social media video raising concerns about products being sold as “healthy”, “natural” and “organic”. McVitie’s Whole Wheat Marie biscuits were among the products highlighted in the video.The CCPA found that the packet prominently carried the words “Whole Wheat”, while the ingredients showed that the biscuits contained only 19.5 percent whole wheat flour and 52 percent maida, or refined wheat flour.The authority said this could make consumers believe they were buying a biscuit mainly made from whole wheat, which was not the case.The company argued that “Wholewheat” was part of its registered trademark and did not mean that the biscuits were made entirely from whole wheat. It also pointed to a disclaimer on the packet saying, “This is only a trademark and does not represent its true nature.”Why did the CCPA reject the company’s explanation?The CCPA chief commissioner Nidhi Khare and commissioner Anupam Mishra said the fact that “Wholewheat” was part of a registered trademark did not give the company the right to make a claim that could mislead consumers. It also found that the disclaimer could not correct the prominent claim on the front of the packet.“The protection afforded to a registered trademark cannot be construed as a licence to make or perpetuate a misleading representation under the guise of a trademark, particularly where the product contains only 19.5 percent Atta,” the CCPA said.The authority also said consumers were likely to notice the large and prominent “Wholewheat” claim before noticing the much smaller disclaimer placed on the packet.“A disclaimer cannot be used as a device to make a prominent representation which is likely to influence consumer choice and thereafter seek to qualify or negate the same through subordinate language,” it said.The CCPA further said the ordinary meaning of “Wholewheat” would lead an average consumer to believe that the product was made entirely, or substantially, from whole wheat.“In common parlance as well as under regulatory scrutiny, the expression ‘Wholewheat’ conveys totality of composition and not selective exclusivity of a single category of ingredient,” the authority said.The company later agreed to change the packaging and remove the word “Wholewheat” from the registered trademark shown on the packet. It also said it would not order fresh packaging carrying the old branding and sought nine months to use up the packaging material already purchased, though the CCPA’s final order did not explicitly confirm this transition period.The CCPA, however, held that the claim was misleading because the biscuits contained only 19.5 percent whole wheat flour. It said the use of an absolute term such as “Wholewheat” placed a higher responsibility on the manufacturer to ensure that the claim was accurate.The authority concluded that the claim was misleading and amounted to an unfair trade practice under the Consumer Protection Act.The CCPA directed the company to immediately stop the false and misleading advertisement across print, electronic and social media. It also ordered that all fresh packaging of the product be changed to remove the misleading claim.The company was directed to pay a penalty of Rs 1 lakh and submit a compliance report to the CCPA within 15 days of the order.
