FSSAI initiates legal action against Nestle India over infant nutrition products

• FSSAI initiates three adjudication cases against Nestle India over alleged violations involving NAN Excella Pro Stage 1, Lactogen Pro 1 and a follow-up formula.

• Regulator flags promotional claims on 5HMOs and whey protein and finds the follow-up formula non-conforming for Biotin content after re-analysis.

• Nestle India shares fall nearly 2 per cent to Rs 1,345.45 on the BSE following the development.

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 regulations involving three infant nutrition products.

The regulator said it examined NAN Excella Pro Stage 1, Lactogen Pro 1 and a follow-up formula, along with promotional material for the products available on e-commerce platforms.

During its examination, FSSAI flagged certain promotional claims made for the products. In the case of NAN Excella Pro Stage 1, the regulator raised concerns over claims relating to “5HMOs” and “Whey Protein”. For Lactogen Pro 1, it flagged a claim describing whey protein as easy to digest, FSSAI said in a social media post.

The food safety regulator said it had sought clarifications from Nestle India regarding the claims.

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 the advertisement or promotion of such products.

Separately, FSSAI said a sample of a follow-up formula manufactured by Nestle India was found to be sub-standard for Biotin content during laboratory analysis.

The sample was subsequently sent for re-analysis. However, the referral laboratory also found the product to be non-conforming with the Biotin requirement prescribed under the 2020 regulations, the regulator said.

Following the findings, FSSAI said it has filed three separate adjudication cases against Nestle India, relating to the three products examined.

The development also weighed on Nestle India's shares. At 1:10 pm on Friday, the company's stock was down nearly 2 per cent at Rs 1,345.45 on the BSE.

With PTI inputs