Nestlé India rejects FSSAI non-compliance claims, says products comply with regulations, labels were approved

Nestlé India has pushed back against regulatory concerns raised by the Food Safety and Standards Authority of India (FSSAI) over its infant nutrition products, saying NAN Excella Pro and Lactogen Pro comply with applicable regulations and that their labels had been approved by the food regulator’s expert committee.

The response comes after FSSAI initiated three adjudication cases against Nestlé India over alleged non-compliances involving its infant nutrition portfolio. The cases relate to NAN Excella Pro Stage 1, Lactogen Pro 1 and a follow-up formula manufactured by the company. 

While two cases concern promotional and labelling claims, the third follows a laboratory finding in which a sample of Nestlé’s follow-up formula was found to contain Biotin below the prescribed level. A second test by a referral laboratory also found the sample did not meet the required Biotin standard. 

Responding to the action, a Nestlé India spokesperson said, “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 company said it had again submitted a detailed response to the authorities regarding the statements appearing on the labels, maintaining that the claims were factual and backed by scientific literature.

FSSAI had examined the products and promotional material available on e-commerce platforms. For NAN Excella Pro Stage 1, the regulator flagged claims relating to “5 HMOs” and “Whey Protein”. In the case of Lactogen Pro 1, it raised concerns over a claim describing the whey protein as easy to digest. The regulator said these claims were in contravention of provisions governing the promotion of infant foods. 

Nestlé, however, said its compliance extends beyond the specific products under scrutiny. “We confirm to adherence of all regulations including all norms and label declarations as per applicable laws,” the spokesperson said.

The company also said it would continue engaging with the regulator as the cases progress. “We will continue to work closely and support FSSAI in its efforts towards consumer awareness,” the spokesperson added.

The regulatory action comes amid increased scrutiny of infant nutrition products, particularly their labelling, promotional claims and compliance with prescribed nutritional standards. FSSAI has described the Nestlé action as part of its broader food-safety enforcement efforts. 

The adjudication proceedings will determine the regulatory implications of the alleged non-compliances.