The Food Safety and Standards Authority of India has initiated legal proceedings against Nestlé India by filing three adjudication cases over promotional claims made for two of its key infant nutrition products. The regulatory action targets NAN Excella Pro Stage 1 and Lactogen Pro 1, following an examination of promotional material and listings on e-commerce platforms. Officials identified marketing claims regarding “5 HMOs” and “Whey Protein” on NAN Excella Pro Stage 1, while Lactogen Pro 1 was found promoting its protein component as “easy to digest.”
Regulator Cites Violations of Marketing and Infant Food Laws
Following an assessment and an initial request for clarification from the company, the food regulator determined that both products breached Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020. This provision expressly restricts promotional claims and promotional materials designed to boost the marketability of infant foods. The authority further invoked Section 3 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, which places strict legal bans on the advertisement and marketing of infant nutrition formulations. Regulators emphasized that the adjudication proceedings focus strictly on marketing practices and statutory compliance, confirming that the products themselves have not been alleged to be unsafe for consumption.
Company Defends Formulations and Asserts Label Approvals
Nestlé India has contested the allegations, stating that its portfolio adheres entirely to existing statutory norms. The company maintained that both NAN Excella Pro and Lactogen Pro, along with their respective labels, had received approval from an expert committee established by the food regulator. In a detailed response submitted to the authority, Nestlé stated that the statements appearing on its packaging and marketing materials were factual representations backed by scientific literature. The company added that it remains compliant with all packaging and mandatory declaration standards and pledged ongoing cooperation with regulatory bodies on public awareness initiatives.
Laboratory Tests Flag Biotin Deficiency in Follow-Up Formula
The legal challenge arrives alongside a separate compliance concern involving a follow-up formula produced by Nestlé India. A routine laboratory evaluation determined that a sample of the product failed to meet mandatory standards regarding its biotin content. The sample was subsequently forwarded for re-analysis, where a designated Referral Laboratory confirmed that the formula did not conform to the prescribed nutritional composition outlined under the 2020 infant nutrition rules. The nutritional shortfall is being handled independently under standard statutory procedures, even as the adjudication cases proceed. News of the twin regulatory challenges weighed on the market on Friday, dragging Nestlé India shares down as much as 2.71 percent to an intraday low of ₹1,333.40 before closing at ₹1,364.90, down 0.42 percent.
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