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

The Food Safety and Standards Authority of India (FSSAI) on Friday said it has initiated three separate adjudication cases against Nestle India over alleged non-compliance involving its infant nutrition products NAN Excella Pro Stage 1 and Lactogen Pro 1.

According to the FSSAI notice shared on Instagram, the food regulator examined the products and promotional material available on e-commerce platforms and flagged certain claims made for the products.

For NAN Excella Pro Stage 1, FSSAI observed claims relating to “5 HMOs” and “Whey Protein”. For Lactogen Pro 1, the regulator flagged a claim describing whey protein as being easy to digest.


Also Read: Supreme Court seeks clarity from FSSAI on science, design and rollout of food warning labels

FSSAI said it sought clarifications from Nestle India over the claims and found the products to be in contravention of Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020.

View this post on Instagram

A post shared by FSSAI (@fssai_safefood)

The regulation 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 such products.

Nestlé India had not issued a response on the exchanges to the notice at the time of publication.

Nestle infant food products under FSSAI scrutiny

The notice also details a separate issue involving a Follow-up Formula manufactured by Nestle India.

A sample of the product was found to be sub-standard for its biotin content during laboratory analysis, according to FSSAI.

Also Read: FSSAI open to stricter warning labels as SC presses for food safety


The sample was then sent for re-analysis to a Referral Laboratory. The second analysis also found the sample non-conforming with the prescribed biotin requirement under the Foods for Infant Nutrition Regulations, 2020.

FSSAI said three separate adjudication cases have been filed against Nestlé India in connection with the three products.

The notice does not state that a final penalty has been imposed on the company. The cases relate to the alleged regulatory violations and the laboratory finding described by the food regulator.