The Food Safety and Standards Authority of India (FSSAI) has initiated legal action against Nestle India over alleged regulatory non-compliance involving its infant nutrition products, including NAN Excella Pro Stage 1 and Lactogen Pro 1.

The food safety regulator said it examined the products and promotional material available on e-commerce platforms. It flagged certain claims made for the products and separately found that a follow-up formula manufactured by Nestle India did not conform to prescribed requirements for biotin, a vitamin.

FSSAI said three separate adjudication cases have been filed against Nestle India in connection with the alleged violations.

FSSAI Flags Claims On NAN Excella Pro, Lactogen Pro

In the case of NAN Excella Pro Stage 1, FSSAI flagged promotional claims relating to “5 HMOs” and “Whey Protein”.

For Lactogen Pro 1, the regulator raised concerns over a claim that its “Whey Protein” was easy to digest. FSSAI said 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. FSSAI 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.

Separate Action Over Biotin Content

FSSAI said it had sought clarifications from Nestle India regarding the promotional claims. Separately, a sample of a follow-up formula manufactured by the company was found to be sub-standard for its biotin content during laboratory analysis.

The sample was subsequently sent for re-analysis. According to FSSAI, the referral laboratory also found that the product did not conform to the prescribed biotin requirement under the 2020 regulations.

Three Cases Filed Against Nestle India

In view of the alleged violations, FSSAI said three separate adjudication cases had been filed against Nestle India.

The action covers the alleged contraventions involving promotional claims for NAN Excella Pro Stage 1 and Lactogen Pro 1, as well as the laboratory finding concerning biotin content in a follow-up formula.

FSSAI's action relates to regulatory compliance and does not, by itself, establish that the products are unsafe for consumption.