The Food Safety and Standards Authority of India (FSSAI) has opened three separate adjudication proceedings against Nestlé India, accusing the company of misleading promotional claims and substandard nutrient content in its infant nutrition products. News of the regulatory action sent Nestlé India’s shares down modestly on Indian stock exchanges, news media reports stated.
The regulator’s case rests on two categories of alleged violations spanning three products.
The first concerns promotional material found on e-commerce platforms. FSSAI flagged NAN Excella Pro Stage 1 for claims related to ‘5HMOs’ and ‘Whey Protein,’ and Lactogen Pro 1 for describing its whey protein as ‘easy to digest.’
Regulators argue such claims run afoul of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020, and the Infant Milk Substitutes (IMS) Act, 1992 — both of which bar promotional language designed to boost sales of infant food, on the grounds that such marketing can discourage breastfeeding.
The second involves product quality. A sample of Nestlé’s follow-up infant formula failed testing for biotin, an essential micronutrient, with both initial and referral laboratory results confirming the shortfall against India’s prescribed food safety norms.
Nestlé pushes back
Nestlé India has rejected the allegations outright. The company says NAN Excella Pro and Lactogen Pro fully comply with Indian law, and notes that the products and their labels were previously reviewed and approved by FSSAI’s own expert committee.
Nestlé further maintains that the claims on its packaging are factual and grounded in scientific literature, and says it has submitted detailed scientific responses to regulators and will continue engaging with them through the adjudication process.
The dispute marks the most serious regulatory confrontation between Nestlé India and food safety authorities since the 2015 Maggi noodle recall, when FSSAI ordered the noodles pulled from shelves nationwide over concerns about excess lead content.
The case adds to a string of scrutiny Nestlé’s infant nutrition business has faced in India in recent years, including a 2024 controversy over alleged added sugar in its Cerelac baby cereal — allegations the company has also disputed.
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Naresh Khanna – 10 February 2025
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