FSSAI initiates legal action against Nestle India over infant nutrition products

Regulator flags promotional claims on NAN Excella Pro Stage 1 and Lactogen Pro 1, while follow-up formula sample fails prescribed biotin requirement

FSSAI initiates legal action against Nestle India over infant nutrition products
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The Food Safety and Standards Authority of India (FSSAI) has initiated legal proceedings against Nestle India over alleged non-compliances involving three infant nutrition products. The action includes concerns over promotional claims associated with two products and laboratory findings concerning the biotin content of a follow-up formula. 

According to the food safety regulator, the products in question include NAN Excella Pro Stage 1 and Lactogen Pro 1. FSSAI said it examined the products and promotional material available on e-commerce platforms and identified claims relating to “5 HMOs” and “Whey Protein” in the case of NAN Excella Pro Stage 1. For Lactogen Pro 1, the regulator flagged a claim concerning whey protein being easy to digest. 

FSSAI said it subsequently sought clarifications from Nestle India regarding the claims. The regulator stated that both products were found to be in contravention of Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020, which restricts promotional claims or material intended to increase the saleability of infant foods. The authority also cited Section 3 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, which prohibits the advertisement and promotion of infant foods covered under the legislation. 

Separately, FSSAI said a sample of a follow-up formula manufactured by Nestle India was found to be sub-standard with respect to its biotin content during laboratory analysis. The sample was subsequently sent for re-analysis at a referral laboratory, which also found that the product did not conform to the prescribed biotin requirement under the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020. 

Based on these findings, FSSAI said it has filed three separate adjudication cases against Nestle India in relation to the three products. The regulator stated that the action forms part of its enforcement measures aimed at strengthening compliance with food safety requirements. 

Nestle India, meanwhile, has maintained that its products and labels comply with applicable regulations and that the relevant products had been approved by FSSAI’s expert committee. The company has also stated that the label declarations are factual and supported by scientific literature, and that it has submitted a detailed response to the regulator.