Nestle India faces FSSAI action over infant products, promotional claims

FSSAI has initiated three adjudication cases against Nestle India over alleged violations involving infant nutrition products, including promotional claims and a laboratory finding related to biotin.

In Short

• FSSAI flagged promotional claims linked to NAN Excella Pro Stage 1 and Lactogen Pro 1
• The products were cited for alleged contravention of infant nutrition regulations
• A follow-up formula sample was found non-compliant with prescribed biotin levels

India’s food regulator FSSAI on Friday cracked down on Nestle India Limited over alleged non-compliance involving three infant nutrition products.

According to the legal notice, the action relates to NAN Excella Pro Stage 1, Lactogen Pro 1 and a follow-up formula manufactured by Nestle India.

The Food Safety and Standards Authority of India (FSSAI) examined the products and promotional material available on e-commerce platforms as part of its proceedings.

The authority raised concerns over certain promotional claims associated with the products and also found a nutritional composition issue in one follow-up formula sample.

This does not mean that the Nestle products are banned. The FSSAI action, as described in the notice, concerns adjudication proceedings over alleged non-compliance.

The initiation of proceedings does not by itself mean that the products have been banned or that every batch of the products is unsafe.

The final outcome will depend on the adjudication proceedings and the findings of the competent authority.

"Our products are fully compliant with all the applicable regulations. The said products (i.e., NAN EXCELLA PRO & LACTOGEN PRO) and their labels were approved by the expert committee of FSSAI. 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," said Nestle India spokesperson.

"We confirm to adherence of all regulations including all norms and label declarations as per applicable laws. We will continue to work closely and support FSSAI in its efforts towards consumer awareness," the spokesperson added. "We again submitted detailed response to authorities regarding statements appearing on label".

WHAT HAPPENED WITH NAN EXCELLA PRO STAGE 1

According to the legal notice, promotional material for NAN Excella Pro Stage 1 included claims related to "5 HMOs" and "Whey Protein".

FSSAI sought clarification from Nestle India regarding these claims.

The authority subsequently stated that the product was in contravention of Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020.

This regulation places restrictions on promotional claims and material relating to infant foods when such material is intended to increase their saleability.

WHAT WAS FLAGGED IN LACTOGEN PRO 1

FSSAI also examined promotional material for Lactogen Pro 1.

The material reportedly described whey protein as being easy to digest.

The authority sought clarification from Nestle India and stated that the product was also in contravention of Regulation 4(2) of the 2020 regulations.

The regulation is aimed at restricting promotional practices for foods intended for infants.

WHY ARE PROMOTIONAL CLAIMS ON INFANT FOODS RESTRICTED

Infant nutrition products are subject to stricter rules than several other food products because they are intended for babies during an important stage of development.

Indian regulations place restrictions on advertising and promotional material for infant foods to prevent marketing practices from influencing feeding choices.

The FSSAI notice also cites the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992.

The law places restrictions on the advertisement and promotion of infant milk substitutes and certain infant foods.

WHAT HAPPENED WITH THE FOLLOW-UP FORMULA

The third case concerns a different issue.

According to the notice, a sample of a follow-up formula manufactured by Nestle India was found to be sub-standard in relation to its biotin content during laboratory analysis.

The sample was then sent for re-analysis.

The Referral Laboratory also found that the sample did not conform to the prescribed biotin requirement under the 2020 regulations.

Biotin, also known as vitamin B7, is a water-soluble B vitamin involved in several functions in the body. For infant nutrition products, the amount of nutrients is regulated because their composition needs to meet prescribed standards.

HOW MANY CASES HAVE BEEN FILED AGAINST NESTLE INDIA

The notice states that three separate adjudication cases have been filed against Neste India Limited in connection with the three products.

Two cases relate to alleged violations involving promotional claims, while the third concerns the laboratory finding related to biotin content.

The cases are part of an adjudication process, meaning the alleged violations will be examined by the relevant authority before any final consequences are determined.

WHAT THIS MEANS FOR PARENTS

The action underscores why infant formula and other infant nutrition products are subject to specific regulatory requirements in India.

Parents should not interpret an adjudication notice as automatically meaning that a product is unsafe.

At the same time, infant feeding decisions should be made carefully and, where required, with advice from a paediatrician or qualified healthcare professional, particularly when choosing or changing infant formula.

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