Food regulator FSSAI has initiated legal proceedings against Nestle India over alleged regulatory violations involving three infant nutrition products, while the company maintained that its products and labelling are fully compliant with applicable laws.
The Food Safety and Standards Authority of India (FSSAI) said the action concerns NAN Excella Pro Stage 1, Lactogen Pro 1 and a follow-up formula manufactured by Nestle India.
According to the regulator, promotional claims related to “5HMOs” and “Whey Protein” were flagged in NAN Excella Pro Stage 1. In Lactogen Pro 1, FSSAI objected to a claim describing whey protein as easy to digest.
The watchdog said it examined the products and promotional material displayed on e-commerce platforms before seeking clarifications from Nestle India. It subsequently found the two products to be in violation of Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020, which restricts promotional claims or material intended to enhance the saleability of infant foods.
FSSAI also cited an alleged violation of 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 specified infant food products.
Separately, a sample of a Nestle India follow-up formula was found to be sub-standard for biotin during laboratory testing. The sample was sent to a referral laboratory for re-analysis, which also found it non-conforming with the biotin requirement prescribed under the 2020 regulations.
Based on its findings, FSSAI said it has filed three separate adjudication cases against Nestle India concerning the three products.
Nestle India, however, rejected any suggestion of non-compliance and said its infant nutrition products adhere to all applicable regulations. A company spokesperson said NAN EXCELLA PRO and LACTOGEN PRO, along with their labels, had been approved by an FSSAI expert committee.
The company said it had again submitted a detailed response to authorities, maintaining that the statements appearing on the labels were factual and supported by scientific literature.
Nestle India reiterated that it follows all applicable regulations, including requirements relating to product labels and declarations, and said it would continue to cooperate with FSSAI.
Following the regulator's announcement, shares of Nestle India closed 1.4 per cent lower at Rs 1,353.10 on the BSE on Friday.
The latest dispute is the second major regulatory confrontation between FSSAI and Nestle India. In 2015, the regulator ordered a nationwide recall of Maggi instant noodles over alleged excessive lead levels and labelling concerns. The ban was later lifted after authorised laboratory tests cleared the product, allowing Maggi to return to the Indian market.
with inputs from PTI