The Food Safety and Standards Authority of India (FSSAI) on Friday took legal action against Nestlé India over non-compliances involving its infant nutrition products NAN Excella Pro Stage 1 and Lactogen Pro 1.
In a post on Instagram, FSSAI said, “Legal action initiated against Nestle India Ltd over several non-compliances pertaining to the FSS Act. FSSAI remains committed to strengthening the food safety ecosystem through its enforcement actions.”
The regulator’s adjudication sanction lists promotional claims made for the products and a laboratory finding related to biotin content among the issues.
“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,” Nestlé India said in a statement.
“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,” the company added.
Promotional claims under scrutiny
The food regulator said it examined the two infant nutrition products and their promotional material available on e-commerce platforms.
For NAN Excella Pro Stage 1, FSSAI found claims related to “5 HMOs” and “Whey Protein”. For Lactogen Pro 1, it examined a claim that “Whey Protein” was easy to digest.
FSSAI said the claims 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 or 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 and promotion of infant milk substitutes and infant foods covered by the law.
FSSAI said clarifications were sought from Nestlé India regarding the claims.
Notably, the regulator said it has filed three separate adjudication cases in connection with the non-compliances.
Biotin content found non-compliant
The FSSAI also said a sample of follow-up formula manufactured by Nestlé India was found to be “sub-standard” with respect to its biotin content during laboratory analysis.
“It was subsequently sent for re-analysis, with the referral laboratory also finding the sample non-conforming with the prescribed biotin requirement under the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020,” the food regulator said.
The action came amid wider enforcement by FSSAI against food companies over advertising and labelling practices.
In August, FSSAI said it had issued more than 150 notices to food companies in recent months over misleading advertisements, false claims and labelling non-compliance. The companies included Nestlé India, PepsiCo and Coca-Cola India.
Nestlé had faced FSSAI notice over Maggi in June
The latest action follows a separate notice issued by the FSSAI to Nestlé India in June over allegations of insect larvae in a packet of Maggi noodles.
FSSAI had issued the notice after taking suo motu cognisance of social media complaints alleging contamination, according to Business Standard.
Nestlé rejected the allegation. In its response to the stock exchanges, the company said the complaint was based on an “unverified account” and that it had not received a sample from the complainant as the account was unreachable.
Nestlé also said a reference sample from the same batch was tested at an independent FSSAI-notified and NABL-accredited laboratory, which found the sample free of infestation.
Nestlé seeks consultation on food labelling
Separately, Nestlé has urged the government to consult the industry while framing India’s front-of-pack food labelling rules.
Nestlé CEO Philipp Navratil said companies should be consulted during the drafting process and that the system should be developed “scientifically”, Reuters reported. The proposed rules concern warning labels for packaged foods high in sugar, salt and fat.
The Supreme Court has also sought a clear timeline from FSSAI for implementing the front-of-pack warning labels. The regulator has proposed a two-phase system, with the first phase covering products high in at least two specified nutrients and the second extending the warnings to products high in any one of them.