The Food Safety and Standards Authority of India (FSSAI) on Friday said it has initiated three separate adjudication cases against Nestlé India over alleged regulatory non-compliance involving its infant nutrition products, including NAN Excella Pro Stage 1 and Lactogen Pro 1.
According to a notice shared by the food regulator, FSSAI examined the products and promotional material available on e-commerce platforms and flagged certain claims associated with the infant nutrition products.
In the case of NAN Excella Pro Stage 1, the regulator raised concerns over claims related to "5 HMOs" and "Whey Protein". For Lactogen Pro 1, FSSAI flagged a claim describing whey protein as being easy to digest.
The food regulator said it had sought clarifications from Nestlé India regarding the claims. Following its examination, FSSAI said the products were found to be in contravention of Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020.
The regulation places restrictions on promotional claims and material intended to increase the saleability of infant foods. 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 advertisement and promotion of such products.
Follow-up formula found sub-standard for biotin
Separately, FSSAI said a sample of a follow-up formula manufactured by Nestlé India was found to be sub-standard for its biotin content during laboratory analysis.
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.
Following these findings, FSSAI said three separate adjudication cases have been filed against Nestlé India in connection with the regulatory issues involving the products.
The cases relate to the alleged promotional violations concerning NAN Excella Pro Stage 1 and Lactogen Pro 1, as well as the laboratory finding related to the biotin content of the follow-up formula.
FSSAI's action does not amount to a final penalty against Nestlé India at this stage. The adjudication proceedings will determine the regulatory outcome of the cases.
Nestlé India had not issued a response to the exchanges regarding the notice at the time of publication. The company's shares fell nearly 2 per cent during Friday's trading session following news of the regulatory action.
