- FSSAI took legal action against Nestle India for alleged infant formula non-compliances
- Three adjudication cases filed over product claims and nutritional composition issues
- FSSAI flagged promotional claims of "5 HMOs" and "Whey Protein" as violations
The Food Safety and Standards Authority of India (FSSAI) has taken legal action against Nestle India over alleged non-compliances involving two infant formula products — NAN Excella Pro Stage 1 and Lactogen Pro 1.
The adjudication sanction relates to product claims as well as a separate issue concerning the nutritional composition of a follow-up formula. FSSAI has filed three separate adjudication cases against Nestle India, according to the regulatory action notice.
FSSAI's action comes amid increased scrutiny of infant food products, particularly their labelling, promotional claims and compliance with prescribed nutritional standards.
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According to the FSSAI notice, the authority examined promotional material for the products and flagged claims including “5 HMOs” and “Whey Protein”.
Shares of Nestle India dropped over 2.5% to a low of Rs 1,332.80 apiece after news of the adjudication sanctions were notified.
FSSAI said such promotional claims violated provisions governing the promotion of infant foods. The action covers NAN Excella Pro Stage 1 and Lactogen Pro 1, two products in Nestle India's infant nutrition portfolio.
FSSAI also found a separate compliance issue involving a follow-up formula manufactured by Nestle India. A sample tested by the authority was found to be below the prescribed level of biotin. The sample was subsequently sent for re-analysis, with the referral laboratory also finding that it did not meet the required biotin standard.
In a response, Nestlé India spokesperson has said that their "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."
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