A sample of Nestlé India’s low-fat dairy whitener collected from The Lalit hotel in New Delhi has failed food-safety testing, with the Food Safety and Standards Authority of India (FSSAI) classifying the product as both “unsafe” and “substandard.”
The sample was collected as part of regulatory surveillance and subsequently sent for laboratory analysis. According to the food analyst’s report, the product did not meet certain requirements prescribed under the Food Safety and Standards Act, 2006.
Nestlé India, however, has rejected any suggestion that the product is unsafe for consumption and said its low-fat dairy whitener complies with applicable regulatory requirements.
The company said the issue relates to the manner in which phosphorus levels are assessed. According to Nestlé India, phosphorus is a naturally occurring nutrient in milk and is therefore present in milk-based products.
“FSSAI lab reports reflect total phosphorus against the additive limit, without accounting for the substantial natural phosphorus contribution from milk-based ingredients,” the company said.
Nestlé India further maintained that the product complies with the prescribed limits for added phosphorus under the Food Safety and Standards Regulations (FSSR), including on an “as consumed” basis.
“Our product is in full compliance for added phosphorus as per prescribed limits under FSSR including for as consumed basis,” the company said.
The case highlights the regulatory distinction between naturally occurring nutrients in milk-based ingredients and phosphorus added during food processing. While the FSSAI laboratory report classified the tested sample as unsafe and substandard, Nestlé India’s response indicates that the company disputes the basis on which the total phosphorus content has been assessed.
The development comes amid increased food-safety surveillance by FSSAI, with the regulator stepping up sampling, laboratory testing and enforcement action across food and beverage categories.
The latest finding involving Nestlé India is likely to bring greater attention to the interpretation of food-safety standards for dairy-based products, particularly where naturally occurring nutrients overlap with limits applicable to permitted additives.

