Nestle India Faces Legal Action from FSSAI Over Infant Nutrition Products
Nestle's Compliance Under Scrutiny
New Delhi: Nestle India, a leading player in the FMCG sector, announced on Friday that its infant nutrition offerings are 'fully compliant' with all relevant regulations. The labels for NAN Excella Pro and Lactogen Pro have received approval from an expert committee associated with the Food Safety and Standards Authority of India (FSSAI).
A spokesperson for Nestle India stated, 'The products in question, NAN Excella Pro and Lactogen Pro, along with their labels, were sanctioned by the FSSAI's expert committee.' This statement came shortly after FSSAI revealed it was taking legal action against the company concerning three of its infant nutrition products.
Earlier that day, FSSAI shared on Instagram that it had initiated legal proceedings against Nestle India for purported violations of food safety regulations.
The authority examined NAN Excella Pro Stage 1, Lactogen Pro 1, and a follow-up formula, along with promotional content available on e-commerce sites.
Nestle India reiterated that it had submitted a comprehensive response to the authorities regarding the disputed claims on the labels.
'In response to the notice, we have provided a detailed explanation to the authorities concerning the factual statements on the labels, which are backed by scientific literature,' the spokesperson added.
Emphasizing its commitment to regulatory compliance, Nestle India expressed its intention to collaborate closely with the regulator.
'We affirm our adherence to all regulations, including label declarations as mandated by applicable laws. We will continue to support FSSAI in its initiatives aimed at consumer awareness,' the spokesperson stated.
FSSAI raised concerns about claims related to '5HMOs' and 'Whey Protein' in NAN Excella Pro Stage 1, while it flagged a claim in Lactogen Pro 1 that described 'Whey Protein' as easily digestible.
The authority found both products to be in violation of Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020, as well as Section 3 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, which limits promotional claims for such products.
Additionally, a sample of a follow-up formula produced by Nestle India was deemed sub-standard for Biotin content during laboratory testing. A referral laboratory confirmed it did not meet the Biotin requirements set forth in the 2020 regulations.
FSSAI has initiated three separate adjudication cases against Nestle India concerning these three products.
Following the announcement of legal action, Nestle India's shares fell by 1.4 percent, closing at Rs 1,353.10 on the BSE.
This marks the second significant regulatory conflict between FSSAI and Nestle India. In 2015, the food safety authority mandated a nationwide recall of Nestle India's Maggi instant noodles due to alleged excessive lead levels and labeling issues. The ban was later lifted after authorized laboratory tests cleared the product for market re-entry.