Key Update

The Food Safety and Standards Authority of India (FSSAI) has initiated legal action against Nestlé India over multiple non-compliances involving two infant nutrition products — NAN Excella Pro Stage 1 and Lactogen Pro 1. FSSAI said the action concerns promotional claims made for the products and a laboratory finding related to biotin content. The regulator examined the products and their promotional material available on e-commerce platforms.

Promotional Claims Under Scrutiny

FSSAI identified promotional claims for both products that it said contravened the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020. For NAN Excella Pro Stage 1, FSSAI examined claims related to “5 HMOs” and “Whey Protein.” For Lactogen Pro 1, the regulator examined the claim that “Whey Protein” was easy to digest.

FSSAI said these promotional claims contravened Regulation 4(2) of the Foods for Infant Nutrition Regulations, 2020, which restricts promotional claims or material intended to increase the saleability of infant foods.

The regulator also cited Section 3 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992. The provision prohibits the advertisement and promotion of infant milk substitutes and infant foods covered by the law. FSSAI said it sought clarifications from Nestlé India regarding the claims. It has also filed three separate adjudication cases over the reported non-compliances.

Biotin Content Found Non-Compliant

FSSAI also identified a separate issue involving the biotin content of a follow-up formula manufactured by Nestlé India. The regulator said laboratory analysis initially found the sample “sub-standard” for its biotin content. FSSAI then sent the sample for re-analysis at a referral laboratory, which also found that it did not meet the prescribed biotin requirement under the Foods for Infant Nutrition Regulations, 2020.

Why These Requirements Matter

Infant foods must meet specific nutritional and regulatory requirements because they are intended for infants and young children. Manufacturers must also follow strict rules governing the advertising and promotion of infant foods. FSSAI’s action highlights its focus on both product compliance and promotional practices in the infant nutrition sector.

The Bottom Line

FSSAI has initiated three adjudication cases against Nestlé India over reported non-compliances involving promotional claims for NAN Excella Pro Stage 1 and Lactogen Pro 1, as well as a laboratory finding concerning the biotin content of a follow-up formula.

The action concerns alleged regulatory non-compliance and does not, by itself, establish that the products are unsafe to consume. The reported matters will proceed through the adjudication process.

Source: Business Standard