Nestle India in FSSAI crosshairs over baby formula claims, sub-standard biotin sample

The food safety regulator FSSAI has initiated three separate adjudication cases against Nestle India for alleged non-compliance involving promotional claims on infant nutrition products and a sub-standard sample of follow-up formula.

The Food Safety and Standards Authority of India (FSSAI) examined infant nutrition products manufactured by Nestle India and promotional material available on e-commerce platforms, according to the regulator.

In NAN Excella Pro Stage 1, the regulator observed claims relating to "5 HMOs" and "Whey Protein", while Lactogen Pro 1 carried a claim that its whey protein was easy to digest.

FSSAI sought clarifications from Nestle India regarding the claims.

The regulator said both products were found to be in contravention 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.

FSSAI also cited the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, which prohibits the advertisement and promotion of infant milk substitutes and certain infant foods.

A sample of follow-up formula manufactured by Nestle India was found to be sub-standard with respect to its biotin content during laboratory analysis.

The sample was subsequently referred for re-analysis, and the Referral Laboratory also found it non-conforming with the prescribed biotin requirement under the Foods for Infant Nutrition Regulations, 2020.

"In view of the above contraventions, three separate adjudication cases have been filed against M/s Nestlé India Limited in respect of the three products," the order said.

The action against Nestle comes amid increased regulatory scrutiny of food labelling and promotional claims.

Last month, FSSAI prohibited Dabur India from selling several food products carrying what it termed misleading "100%" claims, including "100% Natural", "100% Pure", "100% Purity Guaranteed", "100% Organic" and "100% Tender Coconut Water".

In an order issued to Dabur India, the regulator said such claims were ambiguous and unverifiable and contravened the Food Safety and Standards (Advertising and Claims) Regulations, 2018.

The prohibition covered products including honey, apple cider vinegar, virgin coconut oil, sesame oil, cow ghee, coconut water and coconut milk.

FSSAI also found that Dabur Himalayan Organic Apple Cider Vinegar and Dabur Organic Honey displayed the Jaivik Bharat logo without a valid FSSAI organic endorsement, in violation of the Food Safety and Standards (Organic Foods) Regulations, 2017.

Dabur Homemade Coconut Milk was marketed with a "100% Purity" claim, which the regulator said was not permissible for compound foods under the advertising and claims regulations.