The Food Safety and Standards Authority of India (FSSAI) on Friday initiated legal action against Nestle India over alleged non-compliance involving its NAN Excella Pro Stage 1 and Lactogen Pro 1 infant nutrition products.FSSAI said it examined the products and their promotional material available on e-commerce platforms. In the case of NAN Excella Pro Stage 1, the regulator flagged claims relating to “5 HMOs” and “Whey Protein”. For Lactogen Pro 1, it raised concerns over a claim that the product’s “Whey Protein” was easy to digest.According to FSSAI, both products were found to be in contravention of Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020. The provision restricts promotional claims and material intended to increase the saleability of infant foods. The regulator also cited Section 3 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, which prohibits their advertisement and promotion.
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FSSAI said it had sought clarifications from Nestle India regarding the claims.Separately, a sample of a follow-up formula manufactured by Nestle India was found to be sub-standard for its biotin content during laboratory analysis. The sample was sent for re-analysis, but the referral laboratory also found it non-conforming with the prescribed biotin requirement under the 2020 regulations.In view of the alleged violations, FSSAI said three separate adjudication cases have been filed against Nestle India in relation to the products. The action covers both promotional claims and the laboratory finding concerning biotin content.
