New Delhi, September 18: The Food Safety and Standards Authority of India (FSSAI) has initiated legal action against Nestlé India Ltd for alleged violations of food safety regulations related to its infant nutrition products, the regulator said on Friday.
The action concerns promotional claims made for NAN Excella Pro Stage 1 and Lactogen Pro 1, as well as a follow-up formula that was found to have lower-than-prescribed Biotin content during laboratory testing.
FSSAI said it reviewed the products and promotional material available on e-commerce platforms and found certain claims related to the infant nutrition products.
In the case of NAN Excella Pro Stage 1, claims related to “5 HMOs” and “Whey Protein” were observed. For Lactogen Pro 1, a claim that “Whey Protein” was easy to digest was found, the regulator said.
FSSAI said it sought clarification from Nestlé India regarding these claims.
According to the regulator, both products were found to be in violation of Regulation 4(2) of the FSS (Foods for Infant Nutrition) Regulations, 2020, which restricts promotional claims intended to increase the sale of infant foods.
The regulator also said the products violated Section 3 of the IMS Act, 1992, which prohibits the advertisement and promotion of infant foods.
Separately, a sample of Follow-up Formula manufactured by Nestlé India was found to be sub-standard for its Biotin content during laboratory testing, FSSAI said.
The sample was later sent to a Referral Laboratory for re-analysis. The second test also found that the product did not meet the prescribed Biotin requirement under the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020.
“In view of the above contraventions, three separate adjudication cases have been filed against M/s Nestlé India Limited in respect of the three products,” FSSAI said.
Meanwhile, Nestlé in a statement said that, "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. 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."
"We confirm to adherence of all regulations including all norms and label declarations as per applicable laws. We will continue to work closely and support FSSAI in its efforts towards consumer awareness,” it said.
(With ANI Inputs)