NEW DELHI (Economy India): The Food Safety and Standards Authority of India (FSSAI) has initiated three separate adjudication proceedings against Nestlé India over alleged regulatory non-compliance involving three infant nutrition products, including concerns over promotional claims and the biotin content of a follow-up formula.
The action covers NAN Excella Pro Stage 1, Lactogen Pro 1 and a follow-up formula manufactured by Nestlé India. FSSAI said it examined the products and promotional material available on e-commerce platforms before initiating the proceedings.
FSSAI Flags Promotional Claims on NAN Excella Pro
According to the regulator, promotional material associated with NAN Excella Pro Stage 1 contained claims relating to “5 HMOs” and whey protein.
FSSAI sought an explanation from Nestlé India and subsequently said the promotional material was contrary to Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020.
The regulation places restrictions on promotional claims or material intended to increase the saleability of foods meant for infants.
‘Easy-to-Digest’ Claim on Lactogen Pro 1 Questioned
FSSAI also raised concerns over promotional material for Lactogen Pro 1, particularly a claim describing its whey protein as being easy to digest.
The regulator said the claim fell foul of the restrictions governing promotional material for infant nutrition products. FSSAI also referred to restrictions under the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992.
Follow-Up Formula Sample Fails Biotin Requirement
The third case concerns a follow-up formula manufactured by Nestlé India.
FSSAI said a sample of the product was found to be substandard with regard to its biotin content during laboratory analysis. The sample was subsequently sent to a referral laboratory for re-analysis.
The second analysis also found the sample non-conforming with the prescribed biotin requirement under the applicable infant nutrition regulations, according to FSSAI.
Biotin, also known as vitamin B7, is an essential nutrient. However, the regulatory finding concerns the product’s compliance with the prescribed nutrient requirement; it does not by itself establish that every unit of the product is unsafe.
Nestlé India Says Products Comply With Regulations
Nestlé India has disputed the regulatory concerns and said its products are fully compliant with applicable regulations.
The company said NAN EXCELLA PRO and LACTOGEN PRO and their labels had been approved by an expert committee of FSSAI. It also said the statements appearing on the labels are factual and supported by scientific literature.
Nestlé said it had submitted a detailed response to the authorities and reaffirmed its commitment to complying with applicable regulations and label requirements.
Three Adjudication Cases Initiated
FSSAI has initiated three separate adjudication cases in connection with the three products. The proceedings concern the alleged promotional violations involving NAN Excella Pro Stage 1 and Lactogen Pro 1, as well as the laboratory finding concerning biotin in the follow-up formula.
The action is therefore a regulatory proceeding rather than a final determination that all Nestlé infant nutrition products are unsafe.
Why the FSSAI Action Matters for Parents
Infant nutrition products are subject to specific regulatory requirements because of their use by babies and young children. The restrictions on promotional claims are intended to regulate how such products are marketed, while prescribed nutrient standards are intended to ensure compliance with specified nutritional requirements.
The latest action places renewed focus on infant-food labelling, promotional claims and quality-control requirements in India’s packaged food sector.
(Economy India)
