FSSAI Acts Against Nestlé Products

The Food Safety and Standards Authority of India (FSSAI) has initiated three separate adjudication cases against Nestlé India over issues involving its infant nutrition products, including promotional claims and the nutritional composition of a follow-up formula.

Two cases concern promotional claims associated with NAN Excella Pro Stage 1 and Lactogen Pro 1. FSSAI said it examined the products and promotional material available on e-commerce platforms before seeking clarifications from Nestlé India.

For NAN Excella Pro Stage 1, the regulator flagged claims relating to five human milk oligosaccharides (HMOs) and whey protein. In the case of Lactogen Pro 1, FSSAI raised concerns about a claim that its whey protein was easy to digest.

FSSAI said the promotional claims were contrary to provisions under the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020, as well as restrictions under the Infant Milk Substitutes, Feeding Bottles and Infant Foods Act, 1992, which regulate advertising and promotional activities involving infant foods.

The third case relates to a follow-up formula sample manufactured by Nestlé India. FSSAI said laboratory testing found the sample non-conforming with respect to its biotin content. The sample was subsequently sent for re-analysis, and the referral laboratory also found it did not meet the prescribed biotin requirement.

Nestlé India has said that its products comply with applicable regulations. The company said the products and their labels under scrutiny had been approved by an FSSAI expert committee and that the claims were factual and supported by scientific literature.

The proceedings are currently at the regulatory stage. The initiation of adjudication cases does not itself establish a final violation or mean that a penalty has already been imposed. The outcome of the proceedings will determine whether further action is taken.