FSSAI initiates legal action against Nestle India over infant nutrition claims and biotin violation

New Delhi: The Food Safety and Standards Authority of India (FSSAI) has initiated legal action against Nestle India over alleged violations involving two infant nutrition products, including promotional claims and a laboratory finding related to biotin content.

The food regulator said it filed three separate cases for adjudication against Nestle India in connection with its products NAN Excella Pro Stage 1 and Lactogen Pro 1. FSSAI said it examined the infant nutrition products and promotional material available on ecommerce platforms and found that claims relating to "5 HMOs" (a blend of five human milk oligosaccharides) and whey protein being easy to digest were not appropriate. The regulator said it sought clarifications from Nestle India on its claims.

Also read: Nestle India faces FSSAI action over '5 HMOs', 'easy-to-digest' whey claims in baby food


A Nestle India spokesperson said the products and their labels were fully compliant with applicable regulations and had been approved by FSSAI’s expert committee. The company said it had submitted a detailed response to the regulator, maintaining that the statements on the labels were factual and supported by scientific literature.

As per FSSAI, both products were found to be in contravention of Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020, which restricts promotional claims or material intended to increase the saleability of infant foods.

Separately, a sample of a follow-up formula manufactured by Nestle India was found to be substandard with respect to its biotin content during laboratory analysis, it said. The sample was sent for re-analysis and the referral laboratory also found it did not conform to the prescribed requirement of the water-soluble B vitamin under the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020, according to the regulator.

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 certain advertising and promotion of infant milk substitutes and infant foods.

"Legal action initiated against Nestle India Ltd over several non-compliances pertaining to the FSS Act," FSSAI said on social media.