FSSAI initiates legal action against Nestlé India over baby nutrition products

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Reuters

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The Food Safety and Standards Authority of India (FSSAI) has initiated legal action against Nestlé India over non-compliances related to two infant nutrition products: NAN Excella Pro Stage 1 and Lactogen Pro 1.

FSSAI said three separate adjudication cases have been filed against Nestlé India in connection with the products.

The regulator said claims relating to “5 HMOs” and “Whey Protein” were found on promotional material for NAN Excella Pro Stage 1, while Lactogen Pro 1 carried a claim that its protein was “easy to digest”.

FSSAI said the action followed its examination of the infant nutrition products and promotional material available on e-commerce platforms. The regulator also said it sought clarifications from Nestlé India regarding the claims identified on the products.

“In NAN Excella Pro Stage 1, claims relating to ‘5 HMOs’ and ‘Whey Protein’ were observed, while in Lactogen Pro 1, a claim relating to ‘Whey Protein’ being easy to digest was observed. Accordingly, clarifications were sought from M/s Nestlé India Limited regarding the above claims. Both products were found to be in contravention of Regulation 4(2) of the FSS (Foods for Infant Nutrition) Regulations, 2020, which restricts promotional claims/material intended to increase the saleability of infant foods, and Section 3 of the IMS Act, 1992, which prohibits their advertisement and promotion,” said FSSAI in a statement.

Nestlé India responds

Responding to the action, a Nestlé India spokesperson said the company’s products are compliant with applicable regulations and that the labels for NAN Excella Pro and Lactogen Pro were approved by an expert committee of FSSAI.

“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,” the spokesperson said.

The company said it had again submitted a detailed response to the authorities regarding the statements appearing on the labels, which it said were factual and supported by scientific literature.

“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.

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Biotin content issue

Separately, FSSAI said a sample of follow-up formula manufactured by Nestlé India was found to be sub-standard during laboratory analysis with respect to its biotin content.

The sample was subsequently referred for re-analysis. The Referral Laboratory also found the sample to be non-conforming with the prescribed biotin requirement under the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020.

On the stock market, Nestlé India shares closed at ₹1,364.90, down 0.42%, after falling as much as 2.71% to ₹1,333.40 during the session.