The Food Safety and Standards Authority of India (FSSAI) has initiated three separate adjudication proceedings against Nestle India over alleged regulatory violations involving three infant nutrition products, including NAN Excella Pro Stage 1 and Lactogen Pro 1.
Two of the cases relate to promotional claims made for the infant nutrition products, while the third concerns a follow-up formula that was found to be non-conforming with the prescribed biotin content during laboratory testing.
According to adjudication sanctions issued against Nestle India’s Unit I and Unit II, FSSAI examined the products and promotional material available on e-commerce platforms. The regulator sought clarifications from the company over claims made in relation to the products.
In the case of NAN Excella Pro Stage 1, FSSAI flagged claims relating to “5 HMOs” and “Whey Protein”. For Lactogen Pro 1, the regulator objected to a claim that its whey protein was “easy to digest”.
FSSAI said such claims were in contravention of Regulation 4(2) of the Food Safety and Standards (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, which prohibits the advertisement and promotion of infant milk substitutes and certain infant foods.
Separately, a sample of a follow-up formula manufactured by Nestle India was found to be sub-standard with respect to its biotin content during laboratory analysis. The sample was subsequently referred for re-analysis, with the Referral Laboratory also finding it non-conforming with the prescribed biotin requirement under the 2020 regulations.
“In view of the above contraventions, three separate adjudication cases have been filed against M/s Nestle India in respect of the three products,” FSSAI said.
The proceedings come as regulators have stepped up scrutiny of claims and compliance relating to infant nutrition products, where advertising and promotional activity is subject to specific restrictions.
Nestle India, however, said its products were compliant with applicable regulations and disputed FSSAI’s interpretation of the claims.
“Our products are fully compliant with all the applicable regulations. The said products (ie, NAN Excella Pro & Lactogen Pro) and their labels were approved by the expert committee of FSSAI,” a Nestle India spokesperson said.
The company said it had submitted a detailed response to the authorities, adding that the statements appearing on the labels were factual and supported by scientific literature.
“We confirm adherence to 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 said.
On Friday, Nestle shares closed down 1.38% at Rs 1,353.10 on the BSE.