Play store
India’s food safety regulator has initiated legal action against Nestle India after finding irregularities in tests of two infant food products, NAN Excella Pro Stage-1 and Lactogen Pro-1.
According to sources, the Food Safety and Standards Authority of India (FSSAI) announced the action in an Instagram post on Friday, citing alleged violations of food safety regulations. The regulator said it would continue taking such measures to ensure food safety.
Nestle India said it complies with all applicable laws, regulations and labelling requirements. The company also said it would work closely with authorities to promote consumer awareness.
Objections over product claims
The regulator examined the two products as well as their advertisements on various commercial platforms.
For NAN Excella Pro Stage-1, authorities examined claims referring to “five types of human milk oligosaccharides” and “whey protein”. For Lactogen Pro-1, they reviewed a claim that its whey protein is “easily digestible”.
According to the regulator, the claims conflict with provisions of India’s 2020 Food Safety and Standards Regulations on foods for infant nutrition, which restrict promotional claims or materials that could encourage the sale of infant foods.
The regulator also cited provisions of India’s 1992 law governing the production, supply and distribution of infant milk substitutes and related products, which prohibits advertising or promoting infant foods as substitutes for breast milk.
The regulator has sought explanations from Nestle India and initiated three separate legal proceedings over the alleged violations.
Questions over vitamin B7 levels
The regulator also found that a sample of a Nestle India milk powder product contained vitamin B7, or biotin, at a level inconsistent with the prescribed standards.
A subsequent re-test at a designated laboratory also found that the sample did not meet the B7 level prescribed under the 2020 regulations, according to the authority.
The action comes amid wider scrutiny of food companies in India over advertising claims and product labelling. In August, the regulator said it had issued more than 150 notices to food manufacturers in recent months over alleged misleading advertisements, false claims and labelling violations, including Nestle India, PepsiCo and Coca-Cola India.
Nestle India had also received a notice in June over allegations that insect larvae were found in a packet of Maggi noodles. The company rejected the allegation, saying an independently tested retained sample from the same production batch showed no insect infestation.