Regulatory violations: Legal proceedings against Nestle India
NATIONAL: The Food Safety and Standards Authority of India (FSSAI) Friday initiated legal proceedings against Nestle India citing alleged regulatory violations concerning three of its infant nutrition products: NAN Excella Pro Stage 1, Lactogen Pro 1 and a follow-up formula. Nestle asserts that it is in full compliance with all relevant regulations.
Specifically, the FSSAI has raised concerns regarding the promotional claims made for NAN Excella Pro Stage 1, particularly related to "5HMOs" and "Whey Protein," and Lactogen Pro 1, which describes "Whey Protein" as easily digestible. Following a thorough review of the products and their marketing materials on e-commerce sites, the regulator sought clarifications from Nestle about these claims.
The authority noted that both products allegedly contravene Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations 2020, which prohibits misleading promotional claims intended to boost sales of infant food items. Additionally, the products were found to violate 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 infant nutrition products.
A sample from a follow-up formula produced by Nestle was reported to be lacking the required Biotin content during laboratory testing. Upon a subsequent analysis, the referral laboratory confirmed that the product did not meet the Biotin standards set forth by the 2020 regulations.
In response to these findings, the FSSAI has initiated three distinct adjudication cases against Nestle India pertaining to the mentioned products. Nonetheless, Nestle India maintains that its infant nutrition offerings fully comply with all applicable standards and regulations.