New Delhi, Sep 18, KNT: The Food Safety and Standards Authority of India (FSSAI) has initiated three separate adjudication cases against Nestlé India Limited over alleged non-compliances involving its infant nutrition products NAN Excella Pro Stage 1 and Lactogen Pro 1, according to an adjudication sanction notice issued by the food safety regulator.

The notice states that FSSAI examined the infant nutrition products and their promotional material available on e-commerce platforms and found certain claims that required clarification from Nestlé India.

According to the notice, promotional material for NAN Excella Pro Stage 1 contained claims relating to “5 HMOs” and “Whey Protein”, while Lactogen Pro 1 carried a claim relating to “Whey Protein” being easy to digest.

FSSAI said the two products were found to be in contravention of Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020, which places restrictions on promotional claims and material intended to increase the saleability of infant foods.

The notice also cites 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 the circumstances covered by the law.

Separately, a sample of follow-up formula manufactured by Nestlé India was found to be sub-standard with respect to its biotin content, according to the notice.

The sample was subsequently referred for re-analysis. The referral laboratory also found the sample to be non-conforming with respect to the prescribed biotin requirement under the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020.

FSSAI said the findings formed the basis for three separate adjudication cases against Nestlé India Limited in respect of the products concerned.

The action combines regulatory concerns over the manner in which infant nutrition products were promoted with a laboratory finding concerning compliance with a prescribed nutritional requirement.

The notice does not, in the material shown, state the final penalty or outcome of the three adjudication proceedings. The proceedings therefore concern alleged regulatory non-compliances and a laboratory finding at the adjudication stage, rather than a final determination of liability. [KNT]

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