Nestle India Faces Regulatory Notice Over Digestibility Claims for Infant Formula

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NEW DELHI — India’s food safety regulator has issued a notice to Nestle India seeking scientific evidence to support claims that its Lactogen Pro 1 infant formula contains whey protein that is easy to digest, as authorities step up scrutiny of potentially misleading advertising and product labeling.

The Food Safety and Standards Authority of India (FSSAI) said Wednesday that it had directed the company to provide scientific documentation supporting the claim, which appeared on the product’s packaging or promotional materials.

The regulator said Nestle India must submit the necessary evidence within a specified period to demonstrate that its marketing statements comply with India’s food safety and advertising regulations.

“The claim contains Whey Protein, which is a part of milk protein that is easy to digest was observed on the product packaging/advertising material. The FBO was asked to furnish scientific substantiation for the claim regarding whey protein being easy to digest,” FSSAI said in a statement.

The notice is part of a broader regulatory initiative targeting food manufacturers and marketers over potentially misleading claims and promotional practices, particularly involving nutritional products and infant milk substitutes.

FSSAI said its scrutiny extends beyond Lactogen Pro 1 to other products, including Nan Excella Pro Stage 1 and Complan.

“FSSAI has issued notices to Food Business Operators (FBOs) regarding misleading claims and non-compliant promotions involving products like Lactogen Pro 1 Powder, Nan Excella Pro Stage 1 and infant milk substitutes,” the regulator said.

Under Indian food safety regulations, manufacturers and other food business operators are responsible for ensuring that statements about a product’s nutritional benefits, ingredients and health-related characteristics are supported by credible scientific evidence.

The regulator said companies receiving notices must provide supporting documentation and explain why regulatory action should not be taken against them.

“The addressees have been directed to explain why action should not be initiated under the FSS Act, 2006, and the Rules and Regulations made thereunder, within the stipulated period from the date of issuance of the notice,” FSSAI said.

The notices fall under the Food Safety and Standards Act of 2006, which establishes requirements for food safety, labeling, advertising and marketing practices in India.

The action highlights increased regulatory attention to claims involving infant nutrition products, where assertions about digestibility and nutritional benefits can influence purchasing decisions by parents and caregivers.

The issuance of a notice does not establish that a company has violated food safety regulations. It provides an opportunity for the manufacturer to substantiate its claims and respond to the regulator’s concerns before further action is considered.

FSSAI has not announced any final penalties or enforcement decisions related to the Lactogen Pro 1 notice. (Source: IANS)