FSSAI has initiated three separate adjudication proceedings against Nestlé India over alleged violations involving infant nutrition products. The cases concern promotional claims around “5 HMOs”, whey protein and its digestibility, along with a separate laboratory finding of sub-standard biotin content in a follow-up formula.
The Food Safety and Standards Authority of India (FSSAI) has initiated three separate adjudication cases against Nestlé India over alleged regulatory non-compliance involving its infant nutrition products.
The proceedings relate to NAN Excella Pro Stage 1, Lactogen Pro 1 and a Nestlé follow-up formula, according to a notice issued by the food regulator.
FSSAI said it reviewed the products and promotional material available on e-commerce platforms and raised concerns over claims used to promote the infant nutrition products.
In the case of NAN Excella Pro Stage 1, the regulator flagged claims referring to “5 HMOs” and “Whey Protein”. For Lactogen Pro 1, FSSAI questioned a promotional claim describing whey protein as “easy to digest.”
The regulator said it sought clarifications from Nestlé India and subsequently concluded that the claims 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 and material relating to infant foods where such communication is intended to increase the saleability of the products.
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 prohibits the advertising and promotion of infant milk substitutes and specified infant foods.
Biotin content triggers separate action
The third proceeding relates to a Nestlé follow-up formula in which a sample was found to contain biotin below the prescribed requirement during laboratory testing.
FSSAI said the sample was subsequently sent to a Referral Laboratory for re-analysis. The second analysis also found the product to be non-conforming with the prescribed biotin requirement under the Foods for Infant Nutrition Regulations, 2020.
Based on the alleged promotional violations and the laboratory finding, FSSAI said it has filed three separate adjudication cases against Nestlé India.
The action does not, however, indicate that a final penalty has been imposed on the company. The proceedings concern alleged regulatory violations and the laboratory finding cited by the food regulator.
Nestlé India had not issued a response to the notice at the time of publication.
The development comes as FSSAI continues to intensify scrutiny of food labelling, advertising and product compliance, particularly where claims could influence consumer perceptions of nutritional or health benefits.