New Delhi: FMCG major Nestle India Friday said its infant nutrition products are “fully compliant” with all applicable regulations and that the labels of NAN Excella Pro and Lactogen Pro were approved by an expert committee of the food safety regulator FSSAI.
“The said products (i.e., NAN EXCELLA PRO & LACTOGEN PRO) and their labels were approved by the expert committee of FSSAI,” a Nestle India spokesperson said in a statement issued hours after the Food Safety and Standards Authority of India (FSSAI) announced legal action against the company over three infant nutrition products.
Earlier in the day, FSSAI, in a post on social media platform Instagram, said it had initiated legal action against Nestle India for alleged non-compliance with food safety norms in the products.
FSSAI said it had examined NAN Excella Pro Stage 1, Lactogen Pro 1 and a follow-up formula, along with promotional material available on e-commerce platforms.
The company said it had again submitted its detailed response to the authorities regarding the disputed statements appearing on the labels.
“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,” the spokesperson said.
Reiterating its compliance with regulations, Nestle India said it would continue to work closely with the regulator.
“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,” the spokesperson added.
The regulator had flagged claims relating to “5HMOs” and “Whey Protein” in NAN Excella Pro Stage 1, while in Lactogen Pro 1 it flagged a claim describing “Whey Protein” as easy to digest.
FSSAI said both products were found to be in contravention of Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020, as well as Section 3 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, which restrict promotional claims and advertisements for such products.
Separately, a sample of a follow-up formula manufactured by Nestle India was found sub-standard for Biotin content during laboratory analysis. The sample was sent for re-analysis, and the referral laboratory also found it non-conforming with the Biotin requirement prescribed under the 2020 regulations, FSSAI said.
The regulator has filed three separate adjudication cases against Nestle India in respect of the three products.
Shares of Nestle India on Friday ended 1.4 per cent lower at Rs 1,353.10 on the BSE after FSSAI initiated legal action against the company.
This is the second major regulatory dispute between FSSAI and Nestle India.
Earlier, in 2015, the food safety regulator had ordered a nationwide recall of Nestle India’s Maggi instant noodles over alleged excessive levels of lead and labelling concerns.
The ban was subsequently lifted, and Maggi returned to the Indian market after tests by authorised laboratories cleared the product.
