FSSAI initiates three cases against Nestle India over infant formula compliance

The Food Safety and Standards Authority of India (FSSAI) has initiated three separate adjudication cases against Nestle India over non-compliance involving three infant nutrition products.

The regulatory action covers promotional claims made for NAN Excella Pro Stage 1 and Lactogen Pro 1, as well as a separate issue concerning the nutritional composition of a follow-up formula.

According to the FSSAI notice, the authority examined promotional material for the products available on e-commerce platforms. It flagged claims including “5 HMOs” and “Whey Protein” in promotional material for NAN Excella Pro Stage 1 and sought clarification from Nestle India.

FSSAI subsequently found the promotional material to be in violation of Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020. The regulation prohibits promotional claims or material intended to increase the saleability of infant foods.

The authority also cited 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.

In the case of Lactogen Pro 1, FSSAI flagged a claim describing its whey protein as easy to digest. The regulator sought clarification from Nestle India and later found the product to be in breach of the applicable provisions.

The third case relates to a follow-up formula manufactured by Nestle India. A sample tested by FSSAI was found to be below the prescribed level of biotin. The sample was sent for re-analysis at a referral laboratory, which also found that it did not comply with the prescribed biotin requirement under the 2020 regulations.

Shares of Nestle India fell more than 2.5% to a low of Rs 1,332.80 apiece after the adjudication sanctions were notified.