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FSSAI Initiates Three Cases Against Nestlé India Over Infant Product Claims, Biotin Finding

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New Delhi, Sept. 19: The Food Safety and Standards Authority of India (FSSAI) has initiated three separate adjudication cases against Nestlé India over alleged regulatory non-compliance involving infant nutrition products, including concerns over promotional claims and a laboratory finding related to biotin content.

According to a notice shared by FSSAI on Instagram on Friday, the regulator examined infant nutrition products and promotional material listed on e-commerce platforms and identified claims it considered non-compliant with applicable regulations.

The action covers claims associated with NAN Excella Pro Stage 1 and Lactogen Pro 1. In the case of NAN Excella Pro Stage 1, FSSAI raised concerns over references to “5 HMOS” and “Whey Protein”. For Lactogen Pro 1, the regulator flagged a claim describing whey protein as easy to digest.

FSSAI said it sought clarifications from Nestlé India on the claims before proceeding with the cases. Following its examination, the regulator said the products were found to contravene Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020.

The regulation restricts promotional claims and material intended to increase the saleability of infant foods. FSSAI also cited Section 3 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, which prohibits the advertisement and promotion of such products.

In a separate finding, FSSAI said a sample of a Follow-up Formula manufactured by Nestlé India was found to be sub-standard for its biotin content during laboratory analysis.

The sample was subsequently referred to a Referral Laboratory for re-analysis. According to FSSAI, the second analysis also found the product non-conforming with the prescribed biotin requirement under the Foods for Infant Nutrition Regulations, 2020.

The regulator said it filed three separate adjudication cases against Nestlé India in connection with the identified regulatory issues. The cases relate to the alleged promotional violations involving infant nutrition products and the laboratory finding concerning biotin content.

FSSAI’s notice does not indicate that a final penalty has been imposed on the company in these matters.

Nestlé India had not issued a response to the exchanges regarding the notice at the time of publication.

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