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All Journal JURNAL ILMIAH LIVING LAW
Azka Keyviana
Universitas Padjadjaran
Law, Crime, Criminology & Criminal Justice

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Business Liability for Misleading Food Claims: Bake n’ Grind Case Azka Keyviana; Robbyatul Adawiyah Shouma; Annasya Putri Jauhari
JURNAL ILMIAH LIVING LAW Vol. 18 No. 2 (2026): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v18i2.24911

Abstract

Bake n’ Grind case in 2025 shows how serious the consumer protection issue about misleading food claim is, particularly gluten-free claims used to commercialize the products for consumers that have specific dietary needs or specific health conditions. Such claims are the basic form of consumer trust in purchasing the products. Hence if the products with gluten-free claims contain gluten and cause harm, the concerns are not limited on discrepancies in product information, but also the liability of the business actor. This article aims to analyze the form of business liability for misleading food claims in the Bake n' Grind case and examine the application of the principle from fault-based liability to strict liability in this case. This research uses a normative judicial method with statutory, case, and conceptual approaches. The findings show that Law Number 8 of 1999 concerning Consumer Protection provides a legal basis for civil, administrative, and criminal liability of business actors, but the consumer’s burden of proof should be alleviated because business actors are in the stronger position to control all information regarding ingredients, production process, labels, promotions, and product quality control. Therefore, consumer protection against misleading food claims requires a more objective liability construction that does not solely depend on proving the fault of the business actor, but shifts closer to the principle of strict liability.
Co-Authors Annasya Putri Jauhari Robbyatul Adawiyah Shouma