FSSAI Takes Legal Action Against Nestle India Over Three Infant Nutrition Products

The Food Safety and Standards Authority of India (FSSAI) on Friday said it has initiated legal action against Nestle India Ltd for alleged non-compliance with food safety norms in three infant nutrition products.

According to FSSAI, it examined NAN Excella Pro Stage 1, Lactogen Pro 1 and a follow-up formula, along with promotional material available on e-commerce platforms.

In NAN Excella Pro Stage 1, the regulator flagged claims relating to “5HMOs” and “Whey Protein”. In Lactogen Pro 1, it observed a claim describing “Whey Protein” as easy to digest, FSSAI said in a social media post.

The regulator said it had sought clarifications from Nestle India regarding these claims.

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 or material aimed at increasing 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 bars the advertisement or promotion of such products.

Separately, a sample of a follow-up formula manufactured by Nestle India was found sub-standard for Biotin content during laboratory analysis.

The sample was sent for re-analysis, and the referral laboratory also found it non-conforming with the Biotin requirement prescribed under the 2020 regulations, according to FSSAI.

In light of these findings, FSSAI said it has filed three separate adjudication cases against Nestle India in respect of the three products.

The action covers the promotional claims flagged in NAN Excella Pro Stage 1 and Lactogen Pro 1, as well as the Biotin-related non-conformity found in the follow-up formula.

At 1:10 pm, shares of Nestle India were down nearly 2 per cent at Rs 1,345.45 on the BSE, according to market data.

FSSAI’s action follows its examination of the three infant nutrition products and related promotional material, along with laboratory testing of the follow-up formula.The cases were filed separately.