NEW DELHI: Food Safety and Standards Authority of India (FSSAI) has initiated legal action against Nestle India over non-compliance involving three infant nutrition products, including promotional claims on e-commerce platforms and a follow-up formula found to be substandard for biotin content.According to an FSSAI adjudication sanction issued against Nestle India’s Unit I and Unit II, promotional material for NAN Excella Pro Stage 1 carried claims related to ‘5 HMOs’ (human milk oligosaccharides) and ‘whey protein’, while Lactogen Pro 1 made a claim that its ‘whey protein’ was ‘easy to digest’.A Nestle India spokesperson said, “Our products are fully compliant with all the applicable regulations. The said products and their labels were approved by the expert committee of FSSAI. In response to the notice, we have again submitted a detailed response to the authorities regarding statements appearing on the label, which are factual in nature, and supported by scientific literature.”“We confirm adherence to all regulations including 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 said.FSSAI said both products were found to be in contravention of Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020.The provision restricts promotional claims or material intended to increase the saleability of infant foods. It also cited Section 3 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, which prohibits their advertisement and promotion.Separately, a sample of follow-up formula, manufactured by Nestle India, was found to be substandard for biotin content during lab analysis. The sample was subsequently referred for re-analysis, but the referral lab also found it non-conforming with the prescribed biotin requirement under the 2020 infant nutrition regulations.“Three adjudication cases have been filed against Nestle India in respect of the three products,” FSSAI said.
