Winning Bizness Desk
Mumbai.The Food Safety and Standards Authority of India (FSSAI) has initiated three separate adjudication cases against Nestle India over alleged non-compliance involving its infant nutrition products and their promotional material. The action follows scrutiny of products and advertisements available on e-commerce platforms, with the regulator flagging certain promotional claims and a separate laboratory finding concerning the biotin content of a follow-up formula.
The three products under scrutiny are NAN Excella Pro Stage 1, Lactogen Pro 1 and a follow-up formula. While the first two cases relate mainly to claims used to promote the products, the third concerns the nutritional composition of a product sample that FSSAI said did not meet the prescribed biotin requirement.
Regulator flags claims on two infant products
FSSAI said its examination found claims related to “5 HMOs” and “Whey Protein” on NAN Excella Pro Stage 1. In the case of Lactogen Pro 1, the regulator flagged a claim describing whey protein as “easy to digest”. FSSAI sought an explanation from Nestle India regarding these claims.
The regulator subsequently held that the promotional material for both products contravened Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020. The provision restricts promotional claims or material intended to increase the saleability of infant foods.
The action also refers to Section 3 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, which places restrictions on the advertising and promotion of such products.
Follow-up formula fails biotin test
A separate laboratory examination raised a nutritional compliance issue. FSSAI said a sample of a follow-up formula manufactured by Nestle India was found to be substandard because its biotin content was below the prescribed requirement. Biotin, also known as vitamin B7, is an essential nutrient.
The sample was subsequently sent for re-analysis at a referral laboratory. The second test also found that the product did not conform to the prescribed biotin requirement under the 2020 regulations. This gave FSSAI a second laboratory finding supporting the initial result.
Key points from the regulatory action are:
- Three separate adjudication cases have been initiated against Nestle India.
- NAN Excella Pro Stage 1 was flagged over claims involving 5 HMOs and whey protein.
- Lactogen Pro 1 was questioned over its “easy to digest” whey protein claim.
- A follow-up formula sample was found below the prescribed biotin level.
- The sample failed to meet the requirement even after referral-laboratory re-analysis.
Nestle rejects allegations, cites FSSAI approval
Nestle India has rejected the suggestion that its products are non-compliant. The company said NAN Excella Pro and Lactogen Pro, along with their labels, had been approved by the expert committee of FSSAI.
The company said the statements appearing on the labels were factual and supported by scientific literature. It added that it had submitted a detailed response to the authorities and would continue to comply with applicable regulations while cooperating with FSSAI on consumer awareness.
At present, the proceedings are at the adjudication stage. FSSAI has initiated the three cases, but no final penalty has been decided against Nestle India on the basis of the action announced on Friday. The eventual outcome will depend on the regulatory and legal proceedings.
For parents and consumers, the action puts the focus on two separate aspects of infant nutrition: whether baby-food products contain nutrients in the prescribed quantities and whether the claims used to market them comply with India's restrictions on infant-food promotion.
The matter is particularly sensitive because the products are intended for infants, making accurate labelling, prescribed nutritional composition and responsible promotion central to the regulatory framework. FSSAI's proceedings will now determine the consequences of the alleged violations.
