The Food Safety and Standards Authority of India (FSSAI) has initiated legal proceedings against Nestle India involving three of its popular infant nutrition products.
The move follows an examination of infant foods and their promotional materials available on e-commerce platforms, which revealed non-compliance with regulatory standards.
The food safety regulator has filed three separate adjudication cases against the company concerning NAN Excella Pro Stage 1, Lactogen Pro 1, and a follow-up formula product. The legal action addresses both unauthorised promotional claims and non-conforming nutritional content.
In the first case, FSSAI flagged promotional claims regarding “5 HMOs” (Human Milk Oligosaccharides) and “Whey Protein” on NAN Excella Pro Stage 1. Upon seeking clarification, the regulator determined that the promotional materials violated Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020, which prohibits claims aimed at boosting the marketability of infant foods.
Additionally, the regulator cited Section 3 of the Infant Milk Substitutes (IMS) Act, 1992, which bars the advertisement and promotion of infant milk substitutes.
Similarly, FSSAI flagged claims for Lactogen Pro 1 that described its whey protein as “easy to digest.” The regulator found this claim to be in direct breach of the same advertising and promotional standards.
In the third case, laboratory testing of a follow-up formula manufactured by Nestle India revealed that the sample failed to meet the prescribed Biotin content requirements. A subsequent re-analysis by a referral laboratory confirmed that the product was sub-standard and non-compliant with the 2020 Infant Nutrition Regulations.
Responding to the developments, a spokesperson for Nestle India stated that their products are fully compliant with all applicable laws and regulations, noting that the labels for NAN EXCELLA PRO and LACTOGEN PRO had previously been approved by an FSSAI expert committee.
“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,” the spokesperson added.
