FSSAI Initiates Legal Action Against Nestle India Over Infant Nutrition Products

The Food Safety and Standards Authority of India (FSSAI) has initiated legal action against Nestle India Ltd, filing three separate adjudication cases regarding alleged non-compliance with food safety and labeling regulations. The enforcement action follows an examination of three infant nutrition products: NAN Excella Pro Stage 1, Lactogen Pro 1, and a follow-up formula, alongside their associated promotional materials on e-commerce platforms.

The FSSAI stated that NAN Excella Pro Stage 1 and Lactogen Pro 1 were found to be in contravention of the FSS (Foods for Infant Nutrition) Regulations, 2020, and the Infant Milk Substitutes (IMS) Act, 1992. Specifically, the regulator flagged promotional claims regarding 5HMOs and whey protein content, noting that these materials were intended to increase the saleability of infant foods, which is restricted under current law. The IMS Act strictly prohibits the advertisement and promotion of such products to ensure that infant nutrition remains a medical and nutritional decision rather than a commercial one.

In a separate enforcement development, the FSSAI identified a sample of a follow-up formula manufactured by Nestle India as substandard due to insufficient biotin levels. According to the regulator, the initial laboratory analysis indicated that the biotin content fell below the prescribed requirements under the 2020 regulations. A subsequent re-analysis conducted by a referral laboratory confirmed the non-conforming status of the product, prompting the filing of an adjudication case.

A spokesperson for Nestle India stated that the company maintains its products are fully compliant with all applicable regulations. The company asserted that the labels for NAN Excella Pro and Lactogen Pro had previously been approved by an expert committee of the FSSAI. Nestle confirmed it has submitted a detailed response to the authorities, maintaining that the statements appearing on the labels are factual and supported by scientific literature. The company added that it remains committed to working with the FSSAI to support consumer awareness efforts. This development follows a period of heightened scrutiny by Indian authorities toward food business operators, which has included increased enforcement actions across various packaged food and retail sectors.