The Food Safety and Standards Authority of India (FSSAI) has issued notices to Nestle India and Zydus Wellness over claims made on packaging and advertising material for certain products, including infant nutrition brands and the popular milk drink Complan.
The notices issued to Nestle are over NAN Excella Pro Stage 1 and Lactogen Pro 1 Powder. In the case of NAN Excella Pro Stage 1, the FSSAI questioned the claim that "5 HMOs (Human Milk Oligosaccharides) helps support normal immune system (sic)", observing that it could imply a physiological benefit that is not specifically permitted under regulations.
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The regulator also sought scientific substantiation for the claim that whey protein, a component of milk protein, is easy to digest.
A similar request for supporting evidence was made for Lactogen Pro 1 Powder.
Nestle India's spokesperson said, "FSSAI's recent post reiterates the points raised in its earlier post of 18 September regarding product labels. We have already submitted our detailed response to FSSAI on these matters."
The FSSAI has also issued a show-cause notice to an influencer for promoting infant formula on Instagram.
Zydus Wellness has been show-caused over what the regulator says are "misleading" claims on Complan about promoting '2 times faster growth'. The company has been directed to provide the required explanations, documents and supporting scientific evidence for the claim.
Deterrent Action
Dr Arun Gupta, founder of the Breastfeeding Promotion Network of India (BPNI) and convenor of Nutrition Advocacy in Public Interest (NAPi), has called for stronger enforcement following the FSSAI's action on the promotion of infant formula.
"The FSSAI notice concerning the promotion of infant formula through Instagram is an important step towards holding companies and promoters accountable for violations of India's IMS Act," Dr Gupta said.
India enacted the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, with amendments in 2003, to protect breastfeeding from commercial promotion of infant milk substitutes.
Dr Gupta said the law must remain effective in the digital age and called on the FSSAI and enforcement authorities to investigate the alleged violations thoroughly and initiate prosecution.
"This will act as a deterrent to future violations," he said.
