FSSAI issues notices to Zydus Wellness, Nestle over claims on Complan, infant formula products

The Food Safety and Standards Authority of India (FSSAI) has issued notices to Zydus Wellness Products Ltd and Nestle India over claims made on products Complan, Lactogen Pro 1 and NAN Excella Pro Stage 1, citing alleged violations of food advertising and claims regulations.

The food safety regulator has also issued notices to Instagram influencer Ira Fathima and four companies, including Abbott Healthcare, Nestle India, Nutricia International and Mead Johnson Nutrition, over the alleged illegal advertising and promotion of infant milk substitutes on the social media platform.

In a notice concerning Complan, FSSAI flagged claims such as "2X Faster Growth", "Supports Concentration and Memory" and "Pro Immunity+ 34 Vital Nutrients" displayed on the product label and online listing, which also featured images of two children.

The regulator said the claims were found to be in violation of the Food Safety and Standards (Advertising and Claims) Regulations, 2018, and sought scientific justification for statements including "GROW TALLER, FASTER. CLINICALLY PROVEN 2X GROWTH" and "Pro Immunity+ 34 Vital Nutrients".

It also flagged the advertisement claim "Growth Comes in 4 Flavors" as violating the regulations.

FSSAI has directed the company to show cause within the stipulated period as to why action should not be initiated under the Food Safety and Standards Act, 2006, and the rules and regulations framed under it.

In the case of Nestle India's Lactogen Pro 1 powder, the regulator sought scientific substantiation for the claim that the product contains whey protein, described as "a part of milk protein that is easy to digest".

The company has been directed to submit the requisite documents and supporting evidence within the stipulated period.

FSSAI also raised concerns over claims made on Nestle India's NAN Excella Pro Stage 1 product, including "5 HMOs helps support normal immune system".

The regulator said the claim could imply that the product was suitable for supporting the immune system, suggesting its use in relation to a particular physiological condition.

It considered the claim non-compliant with provisions prohibiting claims relating to the prevention, alleviation, treatment or cure of any disease, disorder or particular physiological condition, unless specifically permitted under the applicable regulations.

FSSAI also sought scientific substantiation for the whey protein digestibility claim appearing on the product's packaging and advertising material.

The company was directed to explain why action should not be initiated against it under the food safety law and the rules and regulations made thereunder.

Separately, the regulator flagged an Instagram Reel posted by Ira Fathima (@ira_fathima) that featured a "Top 5" list recommending infant formula products.

The products included Nan-Pro 1, Aptamil Premium 1, Similac Advance 1, Enfamil A+ Stage 1 and Dexolac 1.

According to FSSAI's observations, the promotional content attributed benefits such as balanced nutrition, stronger immunity, brain development and easy digestion to the products.

The regulator alleged that the promotion violated the Infant Milk Substitutes Act, 1992, as amended in 2003, as well as applicable provisions of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020, governing advertising, marketing and promotion.

The notice was issued to the influencer and Abbott Healthcare Pvt Ltd, Nestle India Ltd, Nutricia International Pvt Ltd and Mead Johnson Nutrition (India) Pvt Ltd.