A laboratory test finding and questions over product claims have put three Nestlé India infant nutrition products under regulatory scrutiny, with the Food Safety and Standards Authority of India (FSSAI) initiating three separate adjudication cases against the company.
The action covers NAN Excella Pro Stage 1, Lactogen Pro 1 and a follow-up formula manufactured by Nestlé India. While two cases concern promotional claims, the third relates to the nutritional content of a product.
The regulator said it examined the products along with promotional material available on e-commerce platforms. Its review raised concerns about claims used for NAN Excella Pro Stage 1 and Lactogen Pro 1.
What FSSAI found in the products
For NAN Excella Pro Stage 1, FSSAI flagged claims related to “5 HMOs” and “Whey Protein.” In the case of Lactogen Pro 1, the regulator raised an issue with a claim describing whey protein as easy to digest.
FSSAI said it sought clarifications from Nestlé India over the claims. The regulator subsequently said the two products were in contravention of Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020.
The provision places restrictions on promotional claims or material intended to increase the saleability of infant foods. FSSAI also referred to Section 3 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, which restricts the advertisement and promotion of such products.
Follow-up formula fails biotin test
A separate issue emerged from laboratory testing of a follow-up formula manufactured by Nestlé India. FSSAI said the sample was found to be sub-standard with respect to its biotin content. The sample was then sent for re-analysis, but the referral laboratory also found it non-conforming with the prescribed biotin requirement under the 2020 regulations.
This finding forms the basis of the third adjudication case against the company, separate from the cases concerning promotional claims.
Nestlé disputes the regulatory concerns
Nestlé India has maintained that its products comply with applicable regulations. The company said NAN EXCELLA PRO and LACTOGEN PRO and their labels were approved by the FSSAI expert committee. It also said it had submitted a detailed response to the authorities, maintaining that the statements appearing on the labels are factual and supported by scientific literature.
Nestlé further said it follows applicable regulations, norms and label-declaration requirements and will continue working with FSSAI on consumer awareness.
The FSSAI action is currently at the adjudication stage; the regulator’s action does not itself amount to a final finding of guilt, and reports on the notice indicate that no final penalty has been imposed at this stage.
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