India’s food regulator has opened three adjudication cases against Nestle India Limited after finding a sample of its follow-up formula substandard for biotin and challenging marketing claims on two infant nutrition products.
The Food Safety and Standards Authority of India (FSSAI) initiated the action on Friday, September 18. The cases concern a milk product for infants, described as follow-up formula, and the products NAN Excella Pro Stage 1 and Lactogen Pro 1.
The regulator said the follow-up formula sample was “sub-standard with respect to biotin”, also known as vitamin B7. A re-analysis also found the sample “non-conforming” with prescribed biotin requirements under Indian laws.
The FSSAI did not disclose the biotin level found in the sample or the prescribed requirement. It also did not say whether it would order a recall of the product.
The two other cases focus on claims displayed on NAN Excella Pro Stage 1 and Lactogen Pro 1, which were sold on e-commerce platforms. The FSSAI said the products made misleading claims in breach of infant nutrition marketing rules.
NAN Excella Pro Stage 1 carried statements related to “5 HMOs”, referring to human milk oligosaccharides, and “whey protein”. Lactogen Pro 1 stated that its “whey protein” was “easy to digest”.
According to the regulator, both products contravened Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020. The provision restricts promotional claims intended to increase the saleability of infant foods.
The FSSAI also said both products breached Section 3 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, which prohibits advertisement and promotion of such products.
Nestle disputed the regulator’s findings. The company said its products are “fully compliant with all the applicable regulations”.
A Nestle India spokesperson said NAN Excella Pro Stage 1 and Lactogen Pro 1, along with their labels, had been approved by the FSSAI’s expert committee. Nestle India said it had submitted a detailed response to the authorities on the label statements, which it described as “factual in nature, and supported by scientific literature”.
The company said it would continue to work closely with the regulator. The outcome and timing of the three adjudication cases remain unknown, as do any potential financial penalties or other sanctions.
Nestle India Ltd., which is based in Gurugram, operates in a market the company counts among its key growth markets. The three proceedings bring quality control and infant-food marketing practices under scrutiny at a time when the company has said it is working with the regulator.
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