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The Food Safety and Standards Authority of India (FSSAI) has initiated legal action against Nestlé India, filing three adjudication cases over promotional claims and sub-standard biotin levels in infant formula products.
The Food Safety and Standards Authority of India (FSSAI) has launched legal proceedings against FMCG major Nestlé India Limited following alleged regulatory non-compliance involving three of its infant nutrition products. The apex food safety regulator has filed three separate adjudication cases targeting promotional marketing claims and nutritional sub-standard findings. The regulatory action stems from an examination of Nestlé India’s infant formulas, specifically NAN Excella Pro Stage 1 and Lactogen Pro 1, along with promotional materials distributed across e-commerce platforms.
According to official statements from the regulator, FSSAI raised objections over marketing claims made for both products. For NAN Excella Pro Stage 1, concerns were cited regarding promotional statements tied to "5HMOs" and "Whey Protein". Meanwhile, promotional descriptions for Lactogen Pro 1 characterised whey protein as "easy to digest".
The food safety regulator confirmed that these claims violate Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020, which strictly curbs promotional claims designed to boost the saleability of infant foods. Additionally, the regulator cited non-compliance with Section 3 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, which prohibits advertising or commercial promotion of infant milk substitutes.
Beyond promotional violations, FSSAI flagged quality issues with a third product, a follow-up infant formula manufactured by the company. Laboratory analysis revealed that samples of the product contained sub-standard levels of Biotin (Vitamin B7). Following initial test results, the sample was submitted to a referral laboratory for re-analysis, which corroborated that the Biotin content failed to conform to the statutory parameters mandated under the 2020 regulations.
Following these laboratory findings and regulatory reviews, FSSAI initiated three formal adjudication cases against Nestlé India.
The news of the enforcement action impacted financial markets, causing Nestlé India Ltd’s share price to drop by nearly 2% to 3% during intraday trading on the BSE. Infant nutrition remains a key product segment for Nestlé in the Indian market.
Nestlé India maintains that its products adhere to strict quality standards, but the company must now respond to the adjudication proceedings filed under the provisions of the Food Safety and Standards Act.