Are Baby Food Claims Scientifically Proven? Nestle, Zydus Face FSSAI Heat Over Lactogen, Complan, Nestle Responds
New Delhi: The Food Safety and Standards Authority of India (FSSAI) has issued notices to Nestle India, Abbott Healthcare, Nutricia International, Mead Johnson Nutrition India and Zydus Wellness over product claims and promotional practices involving infant formula and children's nutritional drinks. The regulator has questioned claims relating to digestion, immunity, brain development and faster growth, seeking scientific evidence and explanations regarding compliance with applicable food safety and advertising regulations.
The action involves claims made for Nestlé's Lactogen Pro 1 and NAN Excella Pro Stage 1, promotional content featuring infant formula brands on Instagram, and growth and immunity claims associated with Zydus Wellness' Complan. The notices seek explanations and supporting evidence and do not, by themselves, establish liability.
FSSAI Questions Lactogen Pro 1's Digestion Claim
One of the notices concerns Nestlé's Lactogen Pro 1 Powder. FSSAI has sought scientific substantiation for the claim that the product contains whey protein, a component of milk protein, that is "easy to digest".
The regulator has asked the company to submit relevant documents and supporting evidence within the stipulated period and explain why action should not be initiated under the Food Safety and Standards Act, 2006, and the applicable regulations.
FSSAI has also questioned a claim associated with Nestlé's NAN Excella Pro Stage 1, which states that "5 HMOs helps support normal immune system". The regulator has sought scientific substantiation for the claim and questioned whether its wording complies with the applicable regulations.
Also Read: Nestle in FSSAI Legal Net After Baby Food Sample Found Substandard, 3 Cases Filed
Abbott, Nutricia and Mead Johnson Also Face Scrutiny
The regulatory action extends beyond Nestlé India. According to a recent media report published by Afaqs, FSSAI has issued notices to Abbott Healthcare, Nutricia International, Mead Johnson Nutrition India and other concerned parties in connection with alleged promotional activity involving infant milk substitutes.
The regulator has also raised concerns over an Instagram Reel posted by influencer Ira Fathima featuring a list of five infant formula products: NAN-Pro 1, Aptamil Premium 1, Similac Advance 1, Enfamil A+ Stage 1 and Dexolac 1.
The content attributed benefits such as balanced nutrition, stronger immunity, brain development and easy digestion to the products. FSSAI has questioned whether such promotional activity complies with the Infant Milk Substitutes Act, 1992, as amended in 2003, and the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020.
These rules establish restrictions on the advertising and promotion of infant milk substitutes. The notices seek explanations regarding the alleged promotional activity and do not, on their own, amount to final findings of liability.
Zydus Wellness Faces Questions Over Complan Claims
FSSAI has separately sought scientific justification from Zydus Wellness Products Limited over claims made for its children's nutritional drink, Complan.
The claims under scrutiny include "2X Faster Growth", "Supports Concentration and Memory" and "Pro Immunity + 34 Vital Nutrients". The regulator has also questioned the statement "Grow Taller, Faster. Clinically Proven 2X Growth" and flagged the advertising phrase "Growth Comes in 4 Flavours".
The regulator has sought explanations and scientific substantiation for the claims, citing provisions of the Food Safety and Standards (Advertising and Claims) Regulations, 2018.
Nestlé India Says It Has Submitted Detailed Response
Responding to the regulatory communication, Nestlé India said it had already submitted a detailed response to FSSAI. The company stated that the latest communication reiterated points raised in an earlier post dated September 18.
"FSSAI's recent post reiterates the points raised in its earlier post of 18 September regarding product labels. We have already submitted our detailed response to FSSAI on this matter," a Nestlé India spokesperson was quoted as saying by news agency ANI.
In its September 18 statement, Nestlé India said that its products were fully compliant with applicable regulations. The company maintained that NAN Excella Pro and Lactogen Pro, along with their labels, had been approved by FSSAI's expert committee.
Nestlé also said the statements appearing on the labels were factual and supported by scientific literature. It reiterated its commitment to complying with applicable regulations and said it would continue to cooperate with the regulator.
