NutriCrunch: The 'No Added Sugar' Claim and a Consumer Complaint
NutriCrunch, a Pune-based direct-to-consumer brand, sells millet cookies. Its packaging says 'No Added Sugar' in large type. The ingredient list shows maltodextrin, a starch-derived sweetener, and the nutrition panel lists 8 g total sugars per 100 g. A consumer with diabetes bought a pack after seeing an influencer's video that repeated the claim. She felt unwell, checked the label, and posted a complaint online. The brand's founder says maltodextrin is not 'sugar' and that the claim is therefore technically true; the influencer was paid but not given a script on health claims. The pack also lacks a toll-free consumer complaint number. Sales are ₹40 lakh per month; the disputed pack costs ₹120. The consumer wants a refund, an apology, and action against the misleading advertisement.
1. Advise the consumer on her remedies under the Consumer Protection Act, 2019, and identify the appropriate forum.
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The consumer is a 'consumer' because she bought the pack for consideration and used it. A false or misleading advertisement is an unfair trade practice under the Consumer Protection Act, 2019, and the claim may also be a 'defect' if the goods are not as represented. Forum: Pecuniary jurisdiction depends on the value of the goods paid plus the compensation claimed. For a ₹120 pack with modest compensation, the District Commission is the appropriate starting forum; if she claims a large amount, the State or National Commission may apply. She should file within the limitation period (two years from the cause of action). Remedies she can seek: refund or replacement; compensation for harm and mental agony; discontinuation of the misleading practice; a corrective advertisement; and, if product liability is established, compensation from the manufacturer. An apology is not a standard statutory remedy, though a commission may order corrective publicity. She can also complain to the CCPA, which can investigate misleading advertisements and impose penalties. The brand should not assume that 'technically true' defeats a misleading overall impression.
2. Evaluate the 'No Added Sugar' claim from a marketing and legal perspective. What should NutriCrunch do immediately?
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Marketing view: the large 'No Added Sugar' claim is the dominant message. The average consumer reads it as a health claim, especially a diabetic consumer. Maltodextrin is a starch-derived sweetener with a high glycaemic impact; even if it is not sucrose, the total sugar figure of 8 g/100 g and the ingredient list undermine the impression. Legally, a claim must be truthful, unambiguous and substantiated; a technically literal defence is weak if the overall presentation misleads. Immediate actions:
- Withdraw the claim from packs, website and marketplace listings; stop the influencer video.
- Relabel with an accurate statement such as 'no added sucrose' only if verified, or drop the claim.
- Add the toll-free consumer complaint number and a grievance email on the pack.
- Write to the influencer to delete the video and issue a correction.
- Preserve batch records and nutrition-test reports for the regulator.
- Offer the complainant a refund and a written response, without admitting liability prematurely. Marketing trust is the asset; defending a misleading claim can cost more than the relabel.
3. Design a consumer-redressal process for NutriCrunch that meets the Act's requirements and reduces reputational risk.
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Design a process that is visible, documented and fast:
- Display a toll-free number, email and postal address on every pack and on the website, as required.
- Acknowledge every complaint within 48 hours and give a complaint number.
- Triage: health/safety complaints go to a senior officer within 24 hours; quality complaints to QA; advertising complaints to marketing and legal.
- Resolve with refund, replacement or explanation within 15 days; record the root cause and corrective action.
- Escalate unresolved cases to the founder and, where needed, to the CCPA/consumer commission response team.
- Trend review monthly: complaint categories, repeat batches, influencer content.
- Corrective action: if a claim is misleading, withdraw it and publish a correction; do not wait for a commission order.
- Audit the process quarterly. This meets the Act's grievance-redressal expectation, reduces reputational risk, and gives the company evidence of good faith if a complaint is filed.