India’s food-safety watchdog has issued notices to the local units of Nestlé and Abbott Laboratories over claims and promotions relating to infant formula.
The Food Safety and Standards Authority of India (FSSAI) issued a notice yesterday (21 October) to Nestlé India concerning its Lactogen Pro 1 Powder, seeking scientific substantiation for claims the product “contains whey protein, which is a part of milk protein that is easy to digest”.
A separate notice concerning Nestlé’s NAN Excella Pro Stage 1 questioned the claim that “5 HMOs helps support normal immune system”.
The regulator said the wording could “imply that the product is suitable for supporting the immune system, suggesting its use in relation to a particular physiological condition”.
“The claim was considered non-compliant with provisions prohibiting claims relating to the prevention, alleviation, treatment or cure of any disease, disorder or particular physiological condition, unless specifically permitted under applicable regulations,” the FSSAI observed.
Consequently, Nestlé India was directed to explain why action should not be initiated under the Food Safety and Standards Act 2006, and related rules and regulations.
Abbott was named in a separate notice concerning an Instagram reel posted by a social media influencer.
The post featured a “Top 5” list of infant-formula products, including Abbott's Similac Advance 1, Nutricia International’s Aptamil Premium 1 and Dexolac 1, Nestlé India’s Nan-Pro 1, and Reckitt Benckiser-owned Mead Johnson Nutrition’s Enfamil A+ Stage 1.
According to the FSSAI, the promotional video breached the Infant Milk Substitutes Act and infant nutrition marketing regulations by attributing benefits such as “balanced nutrition, stronger immunity, brain development and easy digestion to the products”.
Responding to the notice, Abbott told Just Food it was not involved in the post, had no relationship with the creator, and only became aware of the video after receiving the regulator's notice.
"The content was independently created and published by a third party without Abbott's knowledge, involvement or authorisation," the group said, adding that it had communicated the fact to the FSSAI and does not endorse the representations made in the video.
The measures form part of a widening FSSAI crackdown on nutritional marketing.
In parallel, the regulator issued a so-called show-cause notice to Zydus Wellness Products over claims made on its Complan brand, including “2X Faster Growth”, “Supports Concentration and Memory”, and “Pro Immunity+ 34 Vital Nutrients”.
The authority demanded scientific justification for claims that Complan is “clinically proven” to help children grow taller faster, and cited the marketing slogan “Growth Comes in 4 Flavors” as non-compliant with advertising rules.
The latest enforcement follows allegations by the regulator that the local arms of Nestlé and Unilever had made “misleading” health claims on adult and maternal nutrition lines.
In those cases, Nestlé faced regulatory scrutiny over claims made for its Resource Renal vanilla-flavour powder, marketed for people with chronic kidney disease, while Hindustan Unilever (HUL), the UK-based FMCG group’s local listed business, was issued notices on two Horlicks products.
Just Food has contacted Mead Johnson Nutrition, Nestlé, Nutricia International, and Zydus Wellness Products in India for comment on the latest notices.
