New Delhi, Sept 18: Food regulator FSSAI on Friday said it has initiated legal action against Nestle India for alleged violations of rules in three infant nutrition products, but the FMCG major asserted that it was ‘fully compliant’ with applicable regulations.
The legal action has been initiated with respect to NAN Excella Pro Stage 1, Lactogen Pro 1, and a follow-up formula.
In NAN Excella Pro Stage 1, the Food Safety and Standards Authority of India (FSSAI) flagged claims relating to “5HMOs” and “Whey Protein,” while in Lactogen Pro 1, it observed a claim describing “Whey Protein” as easy to digest.
After examining the three products along with their promotional material available on e-commerce platforms, the watchdog said it had sought clarifications from Nestle India on these claims.
Both the products were found to be in contravention of Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020, which restrict promotional claims or material aimed at increasing the saleability of infant foods, the FSSAI said in a social media post.
Also, the regulator said there was violation of Section 3 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, which bars the advertisement or promotion of such products.
Separately, a sample of a follow-up formula manufactured by Nestle India was found sub-standard for Biotin content during laboratory analysis. The sample was sent for re-analysis, and the referral laboratory also found it non-conforming with the Biotin requirement prescribed under the 2020 regulations, the FSSAI said.
In light of these findings, the regulator has filed “three separate adjudication cases against Nestle India in respect of the three products”.
However, Nestle India on Friday said its infant nutrition products are “fully compliant” with all applicable regulations.
“The said products (i.e., NAN EXCELLA PRO & LACTOGEN PRO) and their labels were approved by the expert committee of FSSAI,” a Nestle India spokesperson said in a statement issued hours after the FSSAI announced legal action against the company over three infant nutrition products.
Nestle India said it had again submitted its detailed response to the authorities regarding the disputed statements appearing on the labels.
“In response to the notice, we have again submitted our detailed response to the authorities regarding statements appearing on the label, which are factual in nature and supported by scientific literature,” the spokesperson said.
Reiterating its compliance with regulations, Nestle India said it would continue to work closely with the regulator.
“We confirm adherence to all regulations, including all norms and label declarations as per applicable laws. We will continue to work closely and support FSSAI in its efforts towards consumer awareness,” the spokesperson added.
Shares of Nestle India on Friday ended 1.4 per cent lower at Rs 1,353.10 on the BSE after FSSAI initiated legal action against the company.
This is the second major regulatory dispute between FSSAI and Nestle India.
Earlier, in 2015, the food safety regulator had ordered a nationwide recall of Nestle India’s Maggi instant noodles over alleged excessive levels of lead and labelling concerns.
The ban was subsequently lifted, and Maggi returned to the Indian market after tests by authorised laboratories cleared the product. (PTI)
