- FSSAI filed legal cases against Nestle India for issues in three infant nutrition products
- Promotional claims on NAN Excella Pro Stage 1 violated infant food advertising regulations
- Lactogen Pro 1’s claim of easy-to-digest whey protein was found non-compliant by FSSAI
The Food Safety and Standards Authority of India (FSSAI) has initiated legal action against Nestle India over three infant nutrition products after flagging promotional claims on two products and finding a third product non-conforming for its Biotin content. The action comes after FSSAI examined infant nutrition products and promotional material available on e-commerce platforms.
FSSAI said the findings involved three separate cases of non-compliance involving the three products. It has therefore filed three separate adjudication cases against Nestle India in connection with NAN Excella Pro Stage 1, Lactogen Pro 1, and a follow-up formula. The action covers both promotional claims and nutritional compliance.
Infant Formula Claims Raise Red Flags
FSSAI flagged claims relating to "5 HMOs" (Human Milk Oligosaccharides) and "Whey Protein" in NAN Excella Pro Stage 1 and sought clarification from Nestle India regarding these claims.
The regulator later found the product's promotional material to be in violation of Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020. The regulation prohibits promotional claims or material intended to increase the saleability of infant foods.
FSSAI also cited Section 3 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, commonly known as the IMS Act, which does not allow the advertisement and promotion of such products.
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FSSAI Takes Action Against Nestle India
FSSAI also tested Lactogen Pro 1 and identified a claim describing its ‘whey protein' as easy to digest. Nestle India was asked to provide clarification on the claim. The food authority later found the product to be in breach of the same standards specified in the NAN Excella Pro Stage 1 case.
The third case involves a follow-up formula manufactured by Nestle India. A sample was tested in a laboratory and was found to be sub-standard with respect to its Biotin content.
The sample was then sent for re-analysis at a referral laboratory, which found that the sample did not comply to the prescribed Biotin requirement under the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020.
Nestle India has addressed the ongoing issue. The spokesperson shared, “Our products are fully compliant with all the applicable regulations. The said products (i.e., NAN EXCELLA PRO & LACTOGEN PRO) and their labels were approved by the expert committee of FSSAI. In response to the notice, we have again submitted our detailed response to the authorities regarding statements appearing on the label, which are factual in nature, and supported by scientific literature.
We confirm to adherence of all regulations including all norms and label declarations as per applicable laws. We will continue to work closely and support FSSAI in its efforts towards consumer awareness.”
