The Food Safety and Standards Authority of India (FSSAI) has issued notices to Nestlé India and Zydus Wellness over claims made in the marketing and promotion of infant formula products and Complan, seeking scientific evidence to substantiate certain assertions.
In a series of posts on X, the food regulator said it had flagged potentially misleading claims and non-compliant promotional material involving Nestlé's Lactogen Pro 1 Powder and Nan Excella Pro Stage 1, as well as Zydus Wellness' Complan.
In its notice to Nestlé India, FSSAI questioned the claim that Lactogen Pro 1 Powder contains whey protein, described on the product's packaging or advertising material as a milk protein that is easy to digest. The regulator has asked the company to provide scientific evidence supporting the assertion, along with relevant documents, within the stipulated period.
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The scrutiny also extends to Nestlé's Nan Excella Pro Stage 1 infant formula. FSSAI flagged the claim that “5 HMOs helps support normal immune system”, saying it could imply suitability for supporting a particular physiological condition. The regulator said the claim could fall foul of provisions restricting claims related to the prevention, alleviation, treatment or cure of diseases and certain physiological conditions, unless specifically permitted under applicable regulations.
The product's whey protein digestibility claim was also questioned, with FSSAI seeking scientific substantiation. Nestlé has been directed to explain why action should not be initiated under the Food Safety and Standards Act, 2006, and the rules and regulations framed under it.
Separately, Zydus Wellness Products Ltd has come under the regulator's scanner over claims made on Complan's packaging and online listings. According to FSSAI, the material featured claims including “2X Faster Growth”, “Supports Concentration and Memory” and “Pro Immunity+ 34 Vital Nutrients”.
The regulator said certain claims appeared to violate the Food Safety and Standards (Advertising and Claims) Regulations, 2018. It sought scientific justification for assertions including “Grow Taller, Faster. Clinically Proven 2X Growth” and “Pro Immunity+ 34 Vital Nutrients”. FSSAI also flagged the advertisement claim “Growth Comes in 4 Flavors” as non-compliant with the regulations.
Zydus Wellness has been directed to show cause within the stipulated period as to why action should not be initiated under the food safety law.
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The wider regulatory action also covers the alleged online promotion of infant milk substitutes. FSSAI issued a notice to Instagram user Ira Fathima and several companies, including Nestlé India, Abbott Healthcare, Nutricia International and Mead Johnson Nutrition, over a reel recommending five infant formula products and attributing benefits such as stronger immunity, brain development and easy digestion to them.
The regulator alleged that the promotion could violate the Infant Milk Substitutes Act, 1992, as amended in 2003, and applicable provisions of the FSS (Foods for Infant Nutrition) Regulations, 2020.
Separately, Nestle India's spokesperson said: ''FSSAI's recent post reiterates the points raised in its earlier post of 18 September regarding product labels. We have already submitted our detailed response to FSSAI on these matters.''
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