India’s food safety regulator, FSSAI, on Friday initiated action against Nestle India Limited over alleged regulatory violations involving three infant nutrition products.
According to the legal notice, the proceedings concern NAN Excella Pro Stage 1, Lactogen Pro 1 and a follow-up formula produced by Nestle India.
As part of its proceedings, the Food Safety and Standards Authority of India (FSSAI) reviewed the products as well as promotional content available on e-commerce platforms.
The regulator raised questions over certain marketing claims made for the products and also identified an issue concerning the nutritional composition of a sample of one follow-up formula.
The action does not amount to a ban on the Nestle products. As outlined in the notice, FSSAI has initiated adjudication proceedings over alleged instances of non-compliance.
Starting such proceedings does not automatically establish that the products are unsafe or that all batches of the products are affected.
The eventual outcome will depend on the adjudication process and the findings of the competent authority.
WHAT HAPPENED WITH NAN EXCELLA PRO STAGE 1
The legal notice states that promotional material for NAN Excella Pro Stage 1 featured claims concerning “5 HMOs” and “Whey Protein”.
FSSAI asked Nestle India to provide clarification regarding these claims.
The regulator subsequently concluded that the product was in violation of Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020.
The regulation places restrictions on promotional claims and materials relating to infant foods when they are intended to make such products more commercially appealing.
WHAT WAS FLAGGED IN LACTOGEN PRO 1
FSSAI also reviewed promotional content associated with Lactogen Pro 1.
The material reportedly claimed that whey protein was easy to digest.
The regulator sought an explanation from Nestle India and subsequently stated that the product too contravened Regulation 4(2) of the 2020 regulations.
These provisions are intended to limit promotional practices involving foods meant for infants.
WHY ARE PROMOTIONAL CLAIMS ON INFANT FOODS RESTRICTED
Infant nutrition products are governed by particularly stringent regulations because they are intended for babies during a crucial phase of their development.
Indian law restricts advertising and promotional activities for infant foods in an effort to ensure that marketing does not unduly influence decisions about infant feeding.
The FSSAI notice also refers to the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992.
The legislation regulates and restricts the advertising and promotion of infant milk substitutes and certain infant food products.
WHAT HAPPENED WITH THE FOLLOW-UP FORMULA
The third case involves a separate issue concerning nutritional composition.
According to the notice, laboratory testing of a sample of a Nestle India follow-up formula found that its biotin content did not meet the required standard.
The sample was subsequently sent for re-analysis.
The Referral Laboratory also determined that the sample failed to meet the prescribed biotin requirement under the 2020 regulations.
Biotin, or vitamin B7, is a water-soluble B vitamin that plays a role in several bodily functions. Nutrient levels in infant nutrition products are regulated because their composition must comply with specified standards.
HOW MANY CASES HAVE BEEN FILED AGAINST NESTLE INDIA
The notice says that three separate adjudication proceedings have been initiated against Nestle India Limited in relation to the three products.
Two cases concern alleged breaches linked to promotional claims, while the third relates to the laboratory finding involving biotin levels.
The matters are currently part of the adjudication process, during which the alleged violations will be examined by the appropriate authority before any final action or consequences are decided.
WHAT THIS MEANS FOR PARENTS
The proceedings highlight the specific regulatory requirements that apply to infant formula and other infant nutrition products in India.
Parents should not automatically assume that an adjudication notice means a product has been declared unsafe.
However, decisions about infant feeding should still be made carefully and, when necessary, in consultation with a paediatrician or other qualified healthcare professional, especially when selecting or switching infant formula.
