Nestle India faces FSSAI action over infant products

NEW DELHI, SEP 18 (PTI): 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. 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 restrict 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 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 1310 hours, shares of Nestle India were down nearly 2 pc at Rs 1,345.45 on the BSE.
Nestle reacts to FSSAI action: FMCG major Nestle India on Friday said its infant nutrition products are “fully compliant” with all applicable regulations and that the labels of NAN Excella Pro and Lactogen Pro were approved by an expert committee of the food safety regulator FSSAI.
“The said products (i.e., NAN EXCELLA PRO & LACTOGEN PRO) and their labels were approved by the expert committee of FSSAI,” a Nestle India spokesperson said in a statement issued hours after the Food Safety and Standards Authority of India (FSSAI) announced legal action against the company over three infant nutrition products.
The company said it had again submitted its detailed response to the authorities regarding the disputed statements appearing on the labels.
“In response to the notice, we have again submitted our detailed response to the authorities regarding statements appearing on the label, which are factual in nature, and supported by scientific literature,” the spokesperson said.