FSSAI Files Three Adjudication Cases Against Nestlé India Over Infant Nutrition Products

The Food Safety and Standards Authority of India (FSSAI) on Friday said it has initiated three separate adjudication cases against Nestlé India over alleged regulatory non-compliance involving its infant nutrition products, including NAN Excella Pro Stage 1 and Lactogen Pro 1.

According to a notice shared by the food regulator on Instagram, FSSAI examined the products and promotional material listed on e-commerce platforms and raised concerns over certain claims associated with the products.

In the case of NAN Excella Pro Stage 1, the regulator flagged claims relating to “5 HMOs” and “Whey Protein”. For Lactogen Pro 1, FSSAI raised concerns over a claim describing whey protein as easy to digest.

FSSAI said it had sought clarifications from Nestlé India regarding the claims. Following its examination, the regulator said the products were found to be in contravention of Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020.

The regulation places restrictions on promotional claims and material intended to increase the saleability of infant foods.

The regulator also referred to Section 3 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, which prohibits the advertisement and promotion of such products.

Follow-Up Formula Flagged Over Biotin Content

Separately, FSSAI said a sample of a follow-up formula manufactured by Nestlé India was found to be sub-standard for its biotin content during laboratory analysis.

The sample was subsequently sent to a referral laboratory for re-analysis. The second analysis also found the product to be non-conforming with the prescribed biotin requirement under the Foods for Infant Nutrition Regulations, 2020.

FSSAI said three separate adjudication cases had been filed against Nestlé India in connection with the regulatory issues involving the products.

The regulator's notice does not indicate that any final penalty has been imposed on Nestlé India. The cases relate to the alleged promotional violations and the laboratory finding concerning biotin content.

Nestlé India Says Products Comply With Regulations

Responding to the development, a Nestlé India spokesperson said the company's products are fully compliant with all 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,” the spokesperson said.

The company said it adheres to all regulations, including applicable norms and label declarations.

“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,” the spokesperson added.