The Food Safety and Standards Authority of India (FSSAI) has initiated legal action against Nestle India Ltd over alleged non-compliances involving its infant nutrition products NAN Excella Pro Stage 1 and Lactogen Pro 1.
The action follows an examination of the products and their promotional material available on e-commerce platforms, according to an FSSAI communication.
Claims on infant nutrition products under scrutiny
FSSAI said it observed claims relating to “5 HMOs” and “Whey Protein” in the promotional material for NAN Excella Pro Stage 1. In the case of Lactogen Pro 1, a claim stating that “Whey Protein” is easy to digest was observed.
The food safety regulator subsequently sought clarifications from Nestlé India regarding these claims.
Promotional claims found in contravention
According to FSSAI, both 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 restricts promotional claims and material intended to increase the saleability of infant foods. FSSAI 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 such products in specified circumstances.
Biotin content found below prescribed requirement
Separately, a sample of Follow-up Formula manufactured by Nestle India was found to be sub-standard with respect to its biotin content during laboratory analysis, FSSAI said.
The sample was subsequently referred for re-analysis. The Referral Laboratory also found the sample to be non-conforming with the prescribed biotin requirement under the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020.
Three adjudication cases filed
In view of the alleged contraventions, three separate adjudication cases have been filed against Nestle India Ltd in respect of the three products, according to the FSSAI communication.
The action comes amid regulatory scrutiny of claims and compliance relating to infant nutrition products, particularly promotional material that could influence the saleability of such products.