The Food Safety and Standards Authority of India (FSSAI) has launched legal proceedings against FMCG major Nestle India following an investigation into alleged non-compliance within its infant product range. The regulatory action specifically targets promotional claims made on key baby food offerings and also identified formulation discrepancies.
The central food safety body focused its scrutiny on marketing labels and advertising materials for products such as NAN Excella Pro Stage 1 and Lactogen Pro 1. Promotional claims highlighted on NAN Excella Pro Stage 1 included references to "5 HMOs" (Human Milk Oligosaccharides) and "Whey Protein," while Lactogen Pro 1 asserted its "Whey Protein" was "easy to digest."
According to FSSAI findings, these marketing claims failed to adhere to prescribed labeling norms for infant nutrition. The authority determined that both products breached Regulation 4(2) of the FSS (Foods for Infant Nutrition) Regulations, 2020, which restricts promotional material designed to boost the saleability of infant foods. Additionally, these tactics were found to violate Section 3 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, which strictly prohibits the advertisement and promotion of such products.
Beyond promotional issues, the FSSAI investigation also flagged broader formulation parameters. Laboratory testing of a sample of Nestle India’s Follow-up Formula revealed sub-standard Biotin content. A subsequent re-analysis by a Referral Laboratory confirmed that the sample did not conform to the prescribed Biotin standards mandated under the 2020 Infant Nutrition Regulations.
In response to these contraventions, the FSSAI has formally initiated three separate adjudication cases against Nestle India Limited, covering all three flagged products. Following the news, shares of Nestle India experienced a nearly 2% drop during trading as investors reacted to potential brand erosion, legal liabilities, and heightened regulatory scrutiny across the company’s core nutrition vertical.