Food Authority Files 3 Cases Against Nestle India Over Infant Formula Products

FSSAI examined infant nutrition products and their promotional material available on e-commerce platforms.

The authority raised concerns over claims of "5 HMOs" (Human Milk Oligosaccharides) and "Whey Protein" in NAN Excella Pro Stage 1, while in Lactogen Pro 1, a claim relating to "Whey Protein" being easy to digest was flagged. Accordingly, clarifications were sought from M/s Nestlé India Limited regarding the above claims.

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Both products were found to be in contravention of Regulation 4(2) of the FSS (Foods for Infant Nutrition) Regulations, 2020, which restricts promotional claims/material intended to increase the saleability of infant foods, and Section 3 of the IMS Act, 1992, which prohibits their advertisement and promotion.

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A sample of Follow-up Formula manufactured by M/s Nestlé India Limited was found sub-standard with respect to Biotin content during laboratory analysis.

The sample was subsequently referred for re-analysis, and the Referral Laboratory also found the sample non-conforming with respect to the prescribed Biotin requirement under the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020.

In view of the above contraventions, three separate adjudication cases have been filed against M/s Nestlé India Limited in respect of the three products.