Spinach Maggi : Health Claims, Misleading Consumers, and Legal Risks

Introduction

Nestlé India launched an advertisement introducing the spinach-infused Masala Veg Atta Maggi noodles starring Bollywood actors Sanya Malhotra and Rajkumar Rao in 2021. The TV commercial showcased Maggi Veg Atta Noodles with spinach. The actors highlighted the surprise of real and hand-picked spinach blended into every noodle strand with whole wheat and spices, promoting the noodles as both tasty and nutritious. The advertisement came with the tagline ‘Spinach in Every Noodle’, highlighting the hand-picked spinach being kneaded with whole wheat dough.

Legal Analysis : Ingredient Deception and Nutritional Overclaims

The advertisement promoted the product as revolutionary instant noodles, ensuring consumers get nutritional benefits without having to compromise with taste. However, ingredients mentioned on the back of the 72.5g of instant noodle packet tell a different story. The colour E141(i), as mentioned on the packaging, is a natural green food colouring that is giving these noodles the green pigment. This colour is used to mislead consumers into believing that each strand contains spinach. The tagline of each noodle containing spinach is being falsely advertised as the content of spinach present in one serving is only 1.2%. The product also claims to be a source of fiber and iron. The fiber and iron content per serve is 4g and 4.42g respectively. For a product prominently claiming to have spinach in every noodle, the packet contains 1.2% of dehydrated spinach, which is insufficient to offer any real nutritional value associated with fresh spinach (vitamins A, C, iron, fiber), these exaggerated nutritional and health claims are simply a marketing tactic to mislead consumers and violate FSSAI truthful representation rules. The ad, which visually showed whole green spinach leaves and highlighted phrases like “hand-picked spinach,” constructed the impression that fresh spinach was a major ingredient. In reality, these instant noodles contain dehydrated vegetable powder, green colour ,and not whole leafy vegetables. This amounts to labeling deception as it creates a misleading perception of using fresh, nutrient-rich spinach, which goes against the manufacturing and ingredient labeling norms under the Food Safety and Standards (Packaging and Labelling) Regulations, 2011^[1]. The ‘Tasty Bhi, Healthy Bhi’ campaign launched by Maggi in promotion of its atta noodles implied a balance between food indulgence and health. However, the spinach noodles contain refined wheat flour (maida), palm oil, high sodium content, and preservatives. The very small amount of spinach in them is not enough to make them as healthy as they are portrayed. This could thus fall under misleading advertisement as defined under Section 2(28) of Consumer Protection Act, 2019^[2].

Under Section 53 of the Food Safety and Standards Act, 2006^[3] which bars misleading advertisements that falsely describe a food product’s characteristics, the ad relied on vivid visuals and health-focused language without evidential nutritional backing, hence risking the violation of this clause.

Nestlé India had earlier faced a Maggi controversy in 2015 where the product was temporarily banned in India on the grounds that it contained excess lead and monosodium glutamate (MSG). The Food Safety and Standards Authority of India accused Nestlé India of failing to comply with food safety laws and misleading consumers with their ‘No Added MSG’ claim. The brand Patanjali had also faced a lawsuit regarding misleading advertisements by Indian Medical Association (IMA). The Supreme Court in Indian Medical Associations & Anr. v Union of India & Ors. (2022)^[4] directed advertising companies to provide a self-declaratory certificate to the competent authority before displaying the advertisement. The Advertising Standards Council of India (ASCI) study of 8,299 advertisements in 2023-24 revealed that 81% of advertisements were misleading consumers. Such cases and incidents show how health and emotions are used as a marketing tactic to mislead consumers. The Consumer Protection Act, 2019, under Section 21^[5], penalizes misleading or false advertisements and grants the Central Consumer Protection Authority (CCPA) to oversee and take action against such manufacturers, service providers who mislead the consumers. Consumers can file complaints with consumer protection agencies such as Consumer Commissions, CCPA ,and National Consumer Helpline. Awareness about misleading labels and claims of companies should be created amongst the citizens. This legal structure not only aims to deter false claims but also provides mechanisms for consumers to seek redress, ensuring transparency, fairness, and accountability in the marketplace.

 Conclusion

The Spinach Maggi advertisement shows how subtle health claims can damage consumer trust. It relies on exaggerated images and a low amount of real ingredients. Nestlé’s tagline "Spinach in Every Noodle" refers to just 1.2% dehydrated spinach. This highlights the need for stronger enforcement of FSSAI and Consumer Protection Act rules against misleading ads. Regulatory bodies like CCPA and ASCI should focus on monitoring. They need to require clear nutritional standards for "healthy" claims. Brands risk facing penalties, bans, and legal issues, as demonstrated by previous Maggi and Patanjali cases. Checking labels carefully and filing complaints through the National Consumer Helpline allows people to demand accountability. As laws continue to evolve, they play a vital role in fostering trust and confidence among consumers while guiding businesses towards ethical marketing practices.

^[1] Food Safety and Standards (Packaging and Labelling) Regulations 2011.

^[2] Consumer Protection Act 2019, s 2(28).

^[3] Food Safety And Standards Act 2006, s 53.

^[4] Indian Medical Associations & Anr. v Union of India & Ors 2024 INSC 406 (SC).

^[5] Consumer Protection Act 2019, s 21.

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