Nestlé India Responds To FSSAI Legal Action Over Infant Milk Labels, Says Products "Fully Compliant"

Nestlé India on Friday said its infant nutrition products fully comply with applicable food safety regulations, responding to legal action initiated against the company by the Food Safety and Standards Authority of India (FSSAI) over promotional claims and other alleged violations concerning three of its products.

A company spokesperson said its NAN EXCELLA PRO and LACTOGEN PRO products, along with their labels, had already been approved by an expert committee constituted by FSSAI, and that the company had since submitted a detailed response to the regulator's notice.

"Our products are fully compliant with all the applicable regulations. The said products (i.e., NAN EXCELLA PRO & LACTOGEN PRO) and their labels were approved by the expert committee of FSSAI," the spokesperson said.

"In response to the notice, we have again submitted our detailed response to the authorities regarding statements appearing on the label, which are factual in nature, and supported by scientific literature," the spokesperson added.

The company further maintained that it remained committed to regulatory compliance and would continue engaging with the food safety regulator. "We confirm to adherence of all regulations including all norms and label declarations as per applicable laws. We will continue to work closely and support FSSAI in its efforts towards consumer awareness," the spokesperson said.

Nestlé India's statement comes days after FSSAI announced that it had initiated legal action against the company over alleged non-compliances relating to its infant nutrition products, marking a fresh regulatory flashpoint in India's closely watched infant food sector.

According to FSSAI, the action followed an examination of two products, NAN EXCELLA PRO Stage 1 and LACTOGEN PRO 1, along with promotional material found on e-commerce platforms selling the products. The regulator said it had specifically flagged claims relating to "5 HMOs" (human milk oligosaccharides) and "Whey Protein" made for NAN LACTOGEN PRO Stage 1, while LACTOGEN PRO 1 carried a claim describing its "Whey Protein" as easy to digest.

FSSAI said it had sought clarifications from Nestlé India regarding these claims, but on examining the company's response, concluded that both products were in contravention of Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020. This provision restricts promotional claims or material aimed at increasing the sale of infant foods, a safeguard built into Indian food law to prevent commercial messaging from influencing infant feeding choices.

The regulator additionally invoked Section 3 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods Act, 1992, a standalone statute that expressly prohibits the advertisement and promotion of infant milk substitutes and infant foods, reflecting long-standing public health concerns over the marketing of such products to consumers.

In a separate finding, FSSAI said a sample of a follow-up formula manufactured by Nestlé India had been found sub-standard with respect to its Biotin content during laboratory analysis. The regulator said this result was subsequently confirmed after the sample was sent to a referral laboratory, which also found that it did not conform to the prescribed Biotin requirement, an essential micronutrient specification under Indian food safety norms for infant formula.

Taken together, FSSAI said the findings had led it to file three separate adjudication cases against Nestlé India, one for each of the three products under scrutiny.

The dispute places renewed regulatory focus on the infant nutrition industry, an area where Indian law imposes some of the strictest advertising restrictions of any food category, given the vulnerability of the consumer base and the potential influence of promotional claims on infant feeding practices. With adjudication proceedings now underway, the outcome is likely to be watched closely by both the food industry and public health advocates tracking compliance in the sector.

Nestlé India has maintained throughout that its products and their labelling have regulatory backing and scientific support, setting up a contest between the company's position and FSSAI's findings that will now play out before the adjudicating authority.

Inputs from ANI