According to FSSAI, it examined NAN Excella Pro Stage 1, Lactogen Pro 1, and a follow-up formula along with their promotional material available on e-commerce platforms.Both the products were found to be in contravention of Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020, which restrict promotional claims or material aimed at increasing the saleability of infant foods, as well as Section 3 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, which bars the advertisement or promotion of such products.
New Delhi: The Food Safety and Standards Authority of India (FSSAI) on Friday said it has initiated legal action against Nestle India Ltd for alleged non-compliance with food safety norms in three infant nutrition products.
According to FSSAI, it examined NAN Excella Pro Stage 1, Lactogen Pro 1, and a follow-up formula along with their promotional material available on e-commerce platforms.
In NAN Excella Pro Stage 1, the regulator flagged claims relating to “5HMOs” and “Whey Protein,” while in Lactogen Pro 1, it observed a claim describing “Whey Protein” as easy to digest, the regulator said in a social media post.
FSSAI said it had sought clarifications from Nestle India on these claims.
Both the products were found to be in contravention of Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020, which restrict promotional claims or material aimed at increasing the saleability of infant foods, as well as Section 3 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, which bars the advertisement or promotion of such products.
Separately, a sample of a follow-up formula manufactured by Nestle India was found sub-standard for Biotin content during laboratory analysis. The sample was sent for re-analysis, and the referral laboratory also found it non-conforming with the Biotin requirement prescribed under the 2020 regulations.
In light of these findings, FSSAI has filed three separate adjudication cases against Nestle India in respect of the three products, it added.
However, Nestlé India on Friday said its infant nutrition products are fully compliant with applicable regulations, responding to legal action initiated by the Food Safety and Standards Authority of India (FSSAI) over promotional claims and other alleged violations involving three products.
A Nestlé India spokesperson said that NAN Excella Pro and Lactogen Pro, along with their labels, had been approved by an expert committee of FSSAI, adding that the company has submitted a detailed response to the regulator.
“Our products are fully compliant with all the applicable regulations. The said products (i.e., NAN Excella Pro & Lactogen Pro) and their labels were approved by the expert committee of FSSAI,” the spokesperson said.
“In response to the notice, we have again submitted our detailed response to the authorities regarding statements appearing on the label, which are factual in nature, and supported by scientific literature,” the spokesperson added.
Nestlé India also said it adheres to regulatory requirements and would continue to cooperate with the food safety regulator.
At 1310 hours, shares of Nestle India were down nearly 2 pc at Rs 1,345.45 on the BSE.