India orders McVitie’s to change packaging claim

India’s Central Consumer Protection Authority has ordered Pladis India to remove the “Wholewheat” claim from the packaging of McVitie’s Whole Wheat Marie biscuits after concluding that the wording could mislead consumers about the product’s actual composition.

The authority found that the biscuits contain only 19.5% whole wheat flour, while refined wheat flour accounts for 52% of the formulation. In its view, the prominent use of “Wholewheat” on the front of the pack could lead consumers to believe that whole wheat was the principal ingredient.

Trademark status did not protect the claim

Pladis argued that “Wholewheat” formed part of a registered trademark and was not intended to describe the complete composition of the biscuits. The company also pointed to a disclaimer on the packaging stating that the wording was a trademark and did not represent the product’s true nature.

The CCPA rejected this argument, stating that trademark protection cannot be used to justify a representation that may mislead consumers. The authority concluded that an absolute term such as “Wholewheat” carries a strong implication about product composition and therefore requires a high level of accuracy.

Prominent claims outweigh small disclaimers

A central issue in the decision was the visual hierarchy of information on the pack. The “Wholewheat” wording appeared prominently on the front, while the disclaimer was displayed in much smaller text.

The authority said consumers are likely to notice the main claim before reading subordinate information. It therefore ruled that a disclaimer cannot be used to correct or neutralise a prominent representation that has already influenced the shopper’s perception of the product.

Packaging becomes a regulatory communication issue

The case highlights how regulators are paying closer attention not only to whether information appears somewhere on a package, but also to how it is presented. Font size, positioning, prominence and wording can all affect whether packaging is considered transparent or misleading.

For food brands, this means compliance increasingly extends beyond ingredient lists and mandatory nutrition panels. Front-of-pack marketing claims must also accurately reflect the formulation and avoid creating an impression that contradicts the detailed information elsewhere on the pack.

Pladis agrees to redesign future packs

Pladis subsequently agreed to remove the “Wholewheat” wording from future packaging and said it would not order additional packs carrying the previous branding. The company also requested time to use existing packaging inventory, although the final CCPA order did not explicitly confirm the proposed transition period.

The authority also imposed a penalty of Rs 1 lakh and directed the company to stop using the misleading claim across print, electronic and social media advertising.

Food claims face increasing scrutiny in India

The McVitie’s decision comes amid broader regulatory scrutiny of health, natural and nutritional claims used across packaged foods in India. Authorities are increasingly examining whether marketing language accurately reflects product composition and whether consumers can easily understand the information presented.

For packaging designers and brand owners, the ruling reinforces the importance of ensuring that front-of-pack claims, trademarks and visual emphasis remain consistent with the actual ingredients and characteristics of the product.