New Delhi: Legal action has been initiated against Nestle India. The Food Safety and Standards Authority of India (FSSAI) has taken action against Nestle for violating food safety standards in three infant nutrition products. The FSSAI stated that it examined Nan Excella Pro Stage 1, Lactogen Pro 1, a follow-up formula, and their promotional materials available on e-commerce platforms.
- Irregularities Found in These Nestle India Products
- Action taken due to false advertising
- Separate FIRs against three products
- Nestle India Faces FSSAI Action: Claims Over NAN Excella Pro and Lactogen Pro 1 Under Scrutiny
- What regulations apply to infant nutrition in India?
- What the Lab Test Found
- Nestle India Under FSSAI Scrutiny: What the Infant Food Quality Case Means for Consumers
- Questions Raised Over 5 HMO and Whey Protein Claims
- Infant Food Ads Flagged, Follow-Up Formula Fails Biotin Test
- Three Cases Filed Over Product Violations, Shares Fall 2.75%
- Infant Formula Claims on NAN Excella Pro and Lactogen Pro 1 Questioned
- Key Regulations on Baby Food, Labeling and Advertising
- Lab Test Flags Low Biotin in Follow-Up Infant Formula
- Key Takeaways from the Infant Food Case
Irregularities Found in These Nestle India Products
FSSAI announced on social media that objections were raised regarding the claims regarding ‘5HMO’ and ‘whey protein’ in Nan Excella Pro Stage 1. The claim regarding the ‘easy digestion of whey protein’ in Lactogen Pro 1 was also questioned. The FSSAI stated that it had sought clarification from Nestlé India regarding these claims.
Action taken due to false advertising
Both products were found to be in violation of Regulation 4(2) of the Food Safety and Standards (Food for Infant Nutrition) Regulations, 2020. This provision prohibits promotional claims or materials intended to increase the sales of infant foods. Furthermore, these products were found to be in 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 advertising or promotion of such products.
A sample of a follow-up formula from Nestlé India was found to be substandard in terms of biotin content in laboratory tests. The sample was sent for re-testing, and the reference laboratory also found it to be substandard in terms of biotin content as prescribed in the 2020 regulations.
Separate FIRs against three products
FSSAI stated that in view of these findings, it has filed three separate adjudication cases against Nestle India regarding the three products. Meanwhile, Nestle India shares fell on the BSE. Nestle shares fell 2.75% to 1,332.80 on the National Stock Exchange (NSE).
Nestle India Faces FSSAI Action: Claims Over NAN Excella Pro and Lactogen Pro 1 Under Scrutiny
The first case relates to NAN Excella Pro Stage 1, which made claims such as “5 HMOs” and “Whey Protein” in its promotion. The second case relates to Lactogen Pro 1’s “easy-to-digest” and whey protein claims. FSSAI examined these products and their promotional materials available on e-commerce platforms and sought clarification from the company.
Claims in infant nutrition products are not viewed merely as attractive marketing ploys, but are evaluated against established standards and labeling regulations. If a claim is found to be misleading or inconsistent with established regulations, action may be taken.
What regulations apply to infant nutrition in India?
Infant nutrition and related products in India are regulated under the Food Safety and Standards Act, 2006 and the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020. Furthermore, the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, imposes strict restrictions on the advertising and promotion of infant milk substitutes and related products.
These regulations aim to ensure that consumers receive accurate, clear, and scientifically sound information about infant nutrition products. Regulation 4(2) specifically regulates claims and labeling that could mislead consumers.
What the Lab Test Found
The third case involves a follow-up formula sample from Nestlé India that was found to be below the standard for biotin content. This finding was later confirmed by a referral laboratory. Laboratory testing is a mandatory and legal process in the food safety system, used to assess product quality and standards.
FSSAI has the authority to initiate adjudication proceedings for food safety, labeling, and standards violations. Penalties or other regulatory action are possible in such cases, so this case is not limited to a single company but also indicates compliance for the entire infant food market.
Nestle India Under FSSAI Scrutiny: What the Infant Food Quality Case Means for Consumers
FSSAI’s action against Nestle India’s infant nutrition products comes at a time when the quality and claims made about infant food products are receiving increased attention. FSSAI has raised questions about some of the claims made in the promotions of NAN Excella Pro Stage 1 and Lactogen Pro 1. A follow-up test of the formula found the biotin content to be inconsistent with the prescribed standards, and a retest also confirmed the same findings.
FSSAI has initiated separate adjudication proceedings in these three cases. However, the legal process in the case is still pending and a final conclusion is pending. The company’s clarification and further regulatory action will be crucial. This case also highlights the importance of quality, labeling, and promotional regulations for sensitive products like baby food.
