Nestlé India Disputes FSSAI Cases Over Infant Formula Labels
The Food Safety and Standards Authority of India (FSSAI) has initiated three adjudication cases against Nestlé India concerning promotional statements and labelling on infant nutrition products. The proceedings cover NAN Excella Pro Stage 1 and Lactogen Pro 1, as well as a separate finding relating to the micronutrient composition of a follow-up formula.
For NAN Excella Pro Stage 1, the regulator examined packaging and online retail claims referring to “5 HMOs” and “Whey Protein”. Human milk oligosaccharides, or HMOs, are compounds used in infant-nutrition formulations. The case involving Lactogen Pro 1 concerns wording that describes its whey-protein formulation as “easy to digest”.
After reviewing Nestlé India’s initial explanations, the FSSAI said the two products breached Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020. It also cited Section 3 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, known as the IMS Act. That provision restricts marketing intended to promote the sale of infant milk substitutes.
The regulator also reported that a sample of a Nestlé India follow-up formula was “sub-standard” for biotin content. A later analysis by an official referral laboratory confirmed, according to the FSSAI, that the sample did not meet the required minimum level under India’s standards for infant formula. Biotin is a B-complex micronutrient involved in metabolic and cellular processes.
Nestlé India rejected the findings and said its infant formulas and packaging declarations comply with applicable Indian law. A company spokesperson said NAN Excella Pro and Lactogen Pro, together with their labels, had previously been assessed and formally cleared by an expert committee established by the FSSAI.
The company said it had provided documentation showing that the statements on the packaging were factual, supported by scientific literature and not unlawful commercial promotion. The cases are being considered by the statutory adjudicating authority, where the regulator’s allegations and Nestlé India’s position will be examined.
