The Food Safety and Standards Authority of India (FSSAI) has issued notices to Nestlé India and Zydus Wellness over claims made in advertisements and on packaging of infant nutrition products and the popular nutritional drink Complan, seeking scientific evidence to substantiate the claims.
The notices concern Nestlé's NAN Excella Pro Stage 1 and Lactogen Pro 1 Powder, along with Zydus Wellness' Complan. The food regulator has questioned claims related to digestion, immunity and children's growth, asking the companies to provide supporting scientific evidence and explain their compliance with applicable regulations.
FSSAI questions Nestlé's infant nutrition claims
In its notice to Nestlé India, FSSAI questioned the claim that Lactogen Pro 1 Powder contains whey protein, described in the product's packaging or advertising material as a milk protein that is easy to digest.
The regulator has sought scientific evidence and supporting documents to substantiate the claim.
FSSAI also raised concerns over Nestlé's NAN Excella Pro Stage 1, questioning the claim that "5 HMOs helps support normal immune system". According to the regulator, the wording could imply that the product is suitable for supporting the immune system in relation to a particular physiological condition.
The authority said the claim could be non-compliant with provisions restricting claims relating to the prevention, alleviation, treatment or cure of diseases and certain physiological conditions, unless specifically permitted under applicable regulations.
The regulator also sought scientific substantiation for the whey protein digestibility claim made for NAN Excella Pro Stage 1. Nestlé has been asked to explain why action should not be initiated against it under the Food Safety and Standards Act, 2006, and the relevant rules and regulations.
Zydus Wellness faces notice over Complan claims
FSSAI has also issued a notice to Zydus Wellness Products Ltd over claims made on Complan's packaging and online listings.
The regulator flagged claims including "2X Faster Growth", "Supports Concentration and Memory" and "Pro Immunity+ 34 Vital Nutrients".
It has sought scientific justification for statements such as "Grow Taller, Faster. Clinically Proven 2X Growth" and "Pro Immunity+ 34 Vital Nutrients".
FSSAI also questioned the advertising claim "Growth Comes in 4 Flavours", stating that it was non-compliant with the Food Safety and Standards (Advertising and Claims) Regulations, 2018.
Zydus Wellness has been directed to explain within the stipulated period why action should not be initiated against it under the food safety law.
FSSAI flags alleged promotion of infant formula on Instagram
Separately, the regulator issued notices to influencer Ira Fathima and companies, including Nestlé India, Abbott Healthcare, Nutricia International and Mead Johnson Nutrition India, over the alleged promotion of infant milk substitutes on Instagram.
The action concerns a reel featuring a "Top 5" list of infant formula products, including NAN-Pro 1, Aptamil Premium 1, Similac Advance 1, Enfamil A+ Stage 1 and Dexolac 1.
According to the regulator, the promotional content attributed benefits such as balanced nutrition, stronger immunity, brain development and easy digestion to the products.
FSSAI alleged that the promotion could violate the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, as amended in 2003, and the applicable Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020.
The law aims to protect breastfeeding by regulating the promotion and distribution of infant milk substitutes and related products. The notices seek explanations from the recipients regarding alleged violations.
Companies asked to provide explanations
The latest action highlights the food regulator's scrutiny of advertising and labelling claims involving infant nutrition products and children's nutritional drinks, particularly claims related to growth, immunity, digestion and cognitive development.
The notices seek scientific evidence and explanations regarding compliance with food safety and advertising regulations. They do not, by themselves, establish a final finding of wrongdoing against the companies or the influencer.
