Marie-Maker McVitie’s Fined ₹1 Lakh; What's Wrong With Its ‘Wholewheat’ Biscuit?

The Central Consumer Protection Authority (CCPA) has fined United Biscuits Private Limited ₹1 lakh for allegedly misleading consumers by marketing McVitie’s Wholewheat Marie biscuits with a prominent “Wholewheat” claim despite the product containing only 19.5% whole wheat flour.

In an order dated August 28, CCPA said the representation on the packaging was capable of creating a false impression about the nature and composition of the biscuit.

The authority also directed the company to discontinue the allegedly misleading advertisement and modify fresh packaging to remove the claim.

The action followed CCPA’s suo motu cognisance of concerns raised in an online article about products promoted as “healthy”, “natural” and “organic”, which also highlighted McVitie’s Wholewheat Marie biscuits.

What Did CCPA Find?

According to the order, the ingredient declaration on the product showed that whole wheat flour accounted for 19.5% of the product, while refined wheat flour, or maida, made up 52%.

The investigation wing found that the prominent use of “Wholewheat”, alongside images of wheat stalks and grains on the principal display panel, could lead an average consumer to believe that the biscuits were primarily made from whole wheat.

The investigation also found that a disclaimer stating “This is only a trademark and does not represent its true nature” was printed in a small, vertically placed font and was not sufficiently noticeable.

CCPA said the overall presentation amounted to “interface interference” under the Guidelines for Prevention and Regulation of Dark Patterns, 2023, as it highlighted certain information while obscuring material information.

What Did The Company Say?

United Biscuits argued that “McVitie’s Wholewheat Marie” was a registered trademark and that the expression was intended to identify the product rather than suggest that the biscuit was made entirely from whole wheat.

The company also said it had disclosed the 19.5% whole wheat flour content as required under food labelling rules.

It pointed to the disclaimer on the packaging and said the product was differentiated from regular Marie biscuits, which are made with refined wheat flour.

During the proceedings, the company acknowledged CCPA’s concerns and offered to remove “Wholewheat” from the trademark displayed on the packaging. It also said it would not order fresh packaging bearing the old branding.

Why Did CCPA Reject The Defence?

CCPA said a registered trademark does not provide immunity from consumer protection laws if its presentation is misleading.

It also held that an inconspicuous disclaimer cannot neutralise a prominent claim that may influence purchasing decisions.

The authority said representations must be assessed from the perspective of an average consumer, rather than through the advertiser’s technical interpretation of the wording.

What Has CCPA Ordered?

CCPA has directed United Biscuits to immediately discontinue the misleading advertisement across print, electronic and social media.

It must also ensure that all fresh packaging removes the false or misleading claim.

The company has been ordered to pay a ₹1 lakh penalty and submit a compliance report to CCPA within 15 days of the August 28 order.