New Delhi: The Food Safety and Standards Authority of India (FSSAI) has initiated legal action against Nestle India Ltd over alleged violations of food safety regulations involving three infant nutrition products, the regulator said on Friday.

FSSAI said it examined NAN Excella Pro Stage 1, Lactogen Pro 1 and a follow-up formula, along with promotional material for the products available on e-commerce platforms.

The regulator flagged claims related to "5HMOs" and "Whey Protein" in NAN Excella Pro Stage 1. In Lactogen Pro 1, it raised concerns over a claim describing "Whey Protein" as easy to digest, FSSAI said in a social media post.

The food safety authority said it had sought clarifications from Nestle India regarding the claims.

According to FSSAI, both products were found to be in contravention of Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020. The provision restricts promotional claims or material intended to increase the saleability of infant foods.

The regulator 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 or promotion of such products.

Separately, a sample of a follow-up formula manufactured by Nestle India was found to be sub-standard in terms of its Biotin content during laboratory analysis. The sample was sent for re-analysis, but the referral laboratory also found it non-conforming with the Biotin requirement prescribed under the 2020 regulations.

In view of the findings, FSSAI has filed three separate adjudication cases against Nestle India in connection with the three products, it said.

Responding to the FSSAI action, a Nestle spokesperson said the company’s products comply with applicable regulations and that the labels had been approved by the food safety regulator’s expert committee.

“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. In response to the notice, we have again submitted our detailed response to the authorities regarding statements appearing on the label, which are factual in nature and supported by scientific literature. We confirm to adherence of all regulations, including all norms and label declarations as per applicable laws. We will continue to work closely and support FSSAI in its efforts towards consumer awareness,” Nestle spokesperson said.

"Nan excella pro and Lactogen pro are a separate issue. Both products comply with applicable regulations and are safe for consumption. Our Biotin levels are complying as per FSSAI standards. Values of biotin was revised by FSSAI vide their orders dated 29.03.2022 and 18.10.2022 to 7.5–50 µg/100g. The laboratory has used the older values for testing the product. Our representation has been submitted and we commit to constructively engage with authorities to address this issue,” the spokesperson clarified.