FSSAI issues notices to Nestle India over Lactogen, Nan Excella claims

The food regulator has sought scientific evidence for whey protein and immune-support claims on Nestle's infant nutrition products, while also flagging other food safety violations

The copy has been updated with Nestle's comment 

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 The Food Safety and Standards Authority of India (FSSAI) on Monday issued notices to Nestlé India Limited over claims made on two of its infant nutrition products.

 

The food regulator flagged, in social media posts, a claim on Lactogen Pro 1 Powder’s packaging and advertising material: “contains Whey Protein, which is a part of milk protein that is easy to digest.” FSSAI asked the company to furnish scientific substantiation for the claim. It also directed Nestlé to submit the requisite documents and supporting evidence within the stipulated period. 

Nestle India's spokesperson said: FSSAI’s recent post reiterates the points raised in its earlier post of 18 September regarding product labels. We have already submitted our detailed response to FSSAI on these matters.

  

In the second notice, FSSAI examined the claim on Nan Excella Pro Stage 1: “5 HMOs helps support the normal immune system.” The regulator considered it to imply that the product is suitable for supporting the immune system, suggesting its use in relation to a particular physiological condition.

 

FSSAI said the claim was non-compliant with provisions that prohibit claims relating to the prevention, alleviation, treatment or cure of any disease, disorder or physiological condition, unless specifically permitted under applicable regulations.

 

The whey protein claim was also observed on this product, and scientific substantiation was sought. Nestlé has been directed to explain why action should not be initiated under the Food Safety and Standards (FSS) Act, 2006, and the rules and regulations made under it, within the stipulated period.

 

Nestlé India was also among the companies named in a separate notice over the promotion of infant milk substitutes on Instagram. The others are Abbott Healthcare, Nutricia International, Mead Johnson Nutrition (India) and influencer Ira Fathima.

 

FSSAI alleged that a reel posted by Fathima, listing a “Top 5” of infant formula products, violated the Infant Milk Substitutes Act, 1992, as amended in 2003, and the FSS (Foods for Infant Nutrition) Regulations, 2020.

 

FSSAI has also issued notices to Zydus Wellness over Complan’s “2X Faster Growth,” “Supports Concentration and Memory” and “34 Vital Nutrients” claims, and to Zepto over delivering two packs of besan marked “use by September 12, 2026.” Both companies must provide explanations, with Zepto also required to withdraw the affected stock and issue refunds, or face action under the FSS Act, 2006.

 

In separate actions, the food regulator sought enforcement against Bakelite, HealthyHey Foods and BMS Lifescience over food safety violations, misleading labelling and advertising claims. Adjudication proceedings have been sanctioned against Storia Foods and Beverages for misleading claims.

 

FSSAI reminds nutraceutical makers to follow botanical warning-label rules

 

The regulator issued an advisory on October 15, saying several makers of nutraceuticals, health supplements and special dietary foods were not following mandatory labelling and warning requirements. It stressed the need for prominent, legible cautions, citing examples such as neem (not for those planning to conceive) and Coleus forskohlii (not for children under five).