New Delhi, September 18: The Food Safety and Standards Authority of India (FSSAI) has filed three separate adjudication cases against Nestlé India, initiating legal action after its infant nutrition products were not compliant with the rules.
During lab testing, a sample of Nestlé’s follow up formula was found to be substandard as its biotin content was not at an acceptable limit. A referral lab re-analyzed the sample and confirmed the same uner the 2020 regulations. Besides this, FSSAI flagged promotional materials on e-commerce platforms that misled customers.
This included marketing descriptions relating to “5 HMOs” (Human Milk Oligosaccharides) and “Whey Protein” for NAN Excella Pro Stage 1, as well as claims that the whey protein in Lactogen Pro 1 is “easy to digest”.
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According to the FSSAI, these marketing claims violate Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020, which restricts promotional materials meant to increase the saleability of infant foods. The claims also breach Section 3 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods Act, 1992, which strictly prohibits advertising and promoting such products.
Following the regulatory action, Nestlé India is seeking clarification from the regulator regarding the strictures, while the FSSAI has also officially demanded answers from the company concerning the alleged violations.
“Our products are fully compliant with all the applicable regulations. The said products (i.e., NAN EXCELLA PRO & LACTOGEN PRO) and their labels were approved by the expert committee of FSSAI. In response to the notice, we have again submitted our detailed response to the authorities regarding statements appearing on the label, which are factual in nature, and supported by scientific literature.
We confirm to adherence of all regulations including all norms and label declarations as per applicable laws. We will continue to work closely and support FSSAI in its efforts towards consumer awareness.” a spokesperson for Nestle India told the media.
This is the second time Nestlé has faced such challenges this year, after the FSSAI sent a formal notice to the FMCG giant in June this year for infestation in its popular Maggi noodles. The news of the legal action immediately hit the markets, with Nestlé India’s shares dropping nearly 2.4% in intraday trading before paring losses to close down 0.5%.
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