The apex food regulator has opened three separate adjudication cases against Nestlé India over false claims related to infant nutrition products, putting the spotlight not only on how baby foods are marketed to parents but also on whether products sold in the market meet prescribed nutritional standards.
Nestlé India, however, rejected the concerns, saying its products and labels comply with applicable regulations and that the claims cited by the regulator are factual and scientifically supported.
The Food Safety and Standards Authority of India (FSSAI) said it examined Nestlé’s infant nutrition products and their promotional material available on e-commerce platforms. The scrutiny covered NAN Excella Pro Stage 1, Lactogen Pro 1 and a follow-up formula.
For NAN Excella Pro Stage 1, the FSSAI flagged claims referring to “5 HMOs” and “whey protein”. In Lactogen Pro 1, it flagged a claim describing whey protein as “easy to digest”.
The regulator said it sought clarifications from Nestlé and subsequently found the promotional material for the two products contrary to Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020. The provision restricts promotional claims or materials intended to increase the saleability of infant foods.
FSSAI also invoked Section 3 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods Act, 1992, which places restrictions on advertising and promotion of infant milk substitutes and specified infant foods. The law’s stated purpose includes protecting and promoting breastfeeding and ensuring proper use of infant foods.
FSSAI’s findings on e-commerce promotions particularly relevant for consumers. FSSAI is scrutinising the digital sales pitch reaching parents, rather than treating infant-food compliance as merely a matter of what is printed on a physical pack.
In a separate matter, the FSSAI said a sample of a Nestlé-manufactured follow-up formula was found to be substandard for biotin during laboratory analysis.
The sample was sent for re-analysis, but the referral laboratory also found it non-conforming with the biotin requirement prescribed under the 2020 infant-nutrition regulations, said the FSSAI. Three separate adjudication cases were subsequently filed in relation to the products. Nestlé India rejected the concerns, saying “Our products are fully compliant with all applicable regulations. The said products (NAN Excella Pro Stage 1 and Lactogen Pro 1 ) 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.”
However, its response, given after The Tribune’s request for comment, did not specifically address the FSSAI’s separate finding concerning the biotin content of a follow-up formula sample. Although, Nestle issued a public statement after these queries were sent.
