FSSAI Challenges Nestlé Over Baby Formula Claim

The Food Safety and Standards Authority of India (FSSAI) has issued a notice to Nestlé India over a claim that its Lactogen Pro 1 Powder contains whey protein that is easy to digest, asking the company to provide scientific evidence to back the assertion.

According to the notice, the claim describes whey protein as a part of milk protein that is easy to digest, and appeared on the product’s packaging or in its advertising material. FSSAI has asked Nestlé India to furnish scientific substantiation, along with supporting documents and evidence, within the stipulated period.

The notice is not an isolated step. The regulator said it forms part of a broader push against misleading claims and non-compliant promotions by food business operators. Other products that have come under scrutiny include Complan, Nan Excella Pro Stage 1 and various infant milk substitutes. The action reflects a tougher enforcement stance across the packaged food and beverage industry, where labelling and advertising claims are drawing increasing attention.

Earlier this month, FSSAI chief executive Rajit Punhani told The Economic Times that the authority had issued notices to more than 150 food and beverage makers in recent months. The issues ranged from misleading ingredient claims to labelling non-compliance. Punhani said the regulator expects large companies to set an example by following food safety rules and steering clear of claims that could mislead consumers, suggesting that bigger brands, with wider reach and greater influence over buyers, will face closer examination.

FSSAI is also looking beyond product labels. The regulator has been considering changes to improve consumers’ access to product information on e-commerce and quick-commerce platforms, including manufacturing dates, expiry dates and batch numbers. These details are easy to check in a physical store but harder to find when shopping online. There are also indications that FSSAI may amend laws to make online players more accountable, as the rapid growth of digital grocery delivery brings new compliance challenges.

Infant nutrition products are among the most sensitive categories in the food sector, as parents rely heavily on the claims printed on packs when choosing what to feed their babies. Any statement about digestibility or health benefits therefore carries significant weight, and regulators want such claims to rest on solid scientific proof rather than marketing language.

For Nestlé India, the outcome will depend on whether it can produce adequate evidence to support the whey protein digestibility claim. The company has not been reported to have publicly responded to the notice at the time of writing.

The move signals that FSSAI intends to hold even the biggest names in the industry accountable, and that companies making health-related claims on food products should be ready to back them up with data.