FSSAI initiates three adjudication cases against Nestle India over infant nutrition products

New Delhi: The Food Safety and Standards Authority of India (FSSAI) on Friday said that 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 flagged certain claims associated with the infant nutrition products.

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

The food regulator said it had sought clarifications from Nestlé India regarding the claims. Following its examination, FSSAI 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. FSSAI 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.

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 have 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 concern the alleged promotional violations and the laboratory finding related to the biotin content.

Nestle India had not issued a response to the exchanges regarding the notice at the time of publication.

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