FSSAI moves against Nestlé over baby formula claims and biotin test

The Food Safety and Standards Authority of India (FSSAI) has launched three investigations against Nestlé India, alleging regulatory breaches concerning its infant nutrition products. Two cases pertain to promotional assertions made for NAN Excella Pro Stage 1 and Lactogen Pro 1, while the third case involves a follow-up formula sample that failed to meet biotin content requirements.

This action stems from the FSSAI's examination of the products and promotional materials present on e-commerce platforms. The regulator expressed concerns over claims made for the two infant formula products and the nutritional composition of the follow-up formula sample. Specifically, for NAN Excella Pro Stage 1, the FSSAI raised concerns about claims related to whey protein and five human milk oligosaccharides (HMOs).

Concerning Lactogen Pro 1, the regulator questioned the claim regarding whey protein and its digestibility. The FSSAI clarified that such promotional claims are prohibited under India's regulations governing foods for infant nutrition, which also ban specific terms and imagery intended to boost sales of infant milk substitutes or infant food.

Dr. Arun Gupta, the chief coordinator of the Breastfeeding Promotion Network of India (BPNI), welcomed the regulatory action. He emphasized the importance of pursuing these cases due to past complaints about promotional practices that, despite being reported, rarely resulted in proceedings. Gupta noted that Nestlé's prominence as a major producer of infant formula made this development encouraging, sending a broader message to other companies.

The third case involves a follow-up formula intended for older infants and children, where the FSSAI found the sample to be non-conforming with respect to its biotin content. Biotin, or vitamin B7, is essential for various metabolic processes. The regulator's decision to refer the sample for re-analysis after initial tests led to a separate case against Nestlé.

Biotin content in infant food must fall between 7.5 to 50 micrograms, according to the standards cited in the proceedings. Nestlé India has maintained that its products comply with all applicable regulations. The company claims that the labels under scrutiny have been scientifically validated and approved by the FSSAI's expert committee, and that it has submitted a comprehensive response to the regulator.

The FSSAI's actions, still at the regulatory stage, do not automatically imply a violation or penalty. The outcome of these cases will determine whether any violations are confirmed and what subsequent action, if any, is taken.