FSSAI takes legal action against Nestle India over three infant products

FSSAI has initiated legal action against Nestle India over alleged non-compliance with food safety norms in three infant nutrition products. The regulator flagged promotional claims in two products and found a follow-up formula non-conforming with biotin requirements

New Delhi: 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 their promotional material available on e-commerce platforms.

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

FSSAI said it had sought clarifications from Nestle India on these claims.

Both the products were found to be in contravention of Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020, which restricts promotional claims or material aimed at increasing the saleability of infant foods, as well as 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 to be 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.

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

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