FSSAI Initiates Legal Action Against Nestlé India Over Infant Nutrition Products

FSSAI Initiates Legal Action Against Nestlé India Over Infant Nutrition Products

India’s food safety regulator has initiated legal proceedings against Nestlé India concerning three infant nutrition products, citing issues related to nutritional compliance and promotional claims.

The action was announced by the Food Safety and Standards Authority of India (FSSAI) on September 18, 2026, following examination of infant nutrition products and promotional material available on e-commerce platforms.

What Has FSSAI Flagged?

According to FSSAI, the regulatory action involves three products:

  • NAN Excella Pro Stage 1
  • Lactogen Pro 1
  • A follow-up formula manufactured by Nestlé India

The concerns fall into two broad areas: promotional claims and nutritional composition.

1. Promotional claims on infant formula

FSSAI said it examined promotional material for NAN Excella Pro Stage 1 and Lactogen Pro 1 available on e-commerce platforms.

For NAN Excella Pro Stage 1, the regulator raised concerns regarding claims relating to 5 HMOs and whey protein. For Lactogen Pro 1, it questioned a claim describing whey protein as easy to digest.

FSSAI said these claims were found to contravene provisions governing the promotion of infant foods, including Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020.

2. Biotin level found to be non-conforming

Separately, laboratory testing identified an issue with the biotin content of a sample of Nestlé's follow-up formula.

Biotin, also known as vitamin B7, is a required nutrient in infant nutrition products. FSSAI said the initial laboratory analysis found the sample to be substandard with respect to biotin.

The sample was subsequently sent for re-analysis, with the referral laboratory also finding it non-conforming with the prescribed biotin requirements.

 

Three Separate Adjudication Cases

Following its findings, FSSAI said it had filed three separate adjudication cases against Nestlé India, relating to the three products.

The cases highlight the importance of compliance not only with the nutritional composition of infant foods but also with the way such products are marketed and presented to consumers.

Nestlé India Responds

Nestlé India has disputed the suggestion that its products are non-compliant.

The company stated that its infant nutrition products are fully compliant with applicable regulations. It also said that the relevant products and labels had been approved by an FSSAI expert committee.

Regarding the disputed label statements, Nestlé said it had submitted a detailed response to the authorities and maintained that the statements were factual and supported by scientific literature. The company also said it would continue working with FSSAI.

Therefore, the regulatory proceedings represent an ongoing dispute, rather than a final determination that all of the products are unsafe.

Why Infant Food Regulations Matter

Infant nutrition is subject to particularly stringent regulatory requirements because products are intended for a highly vulnerable consumer group.

Regulations cover areas including:

  • Nutritional composition
  • Ingredient requirements
  • Product quality
  • Labelling
  • Advertising and promotional claims
  • Information presented to parents and caregivers

The latest action demonstrates that regulators can examine both what a product contains and how it is promoted.

For manufacturers, this reinforces the importance of maintaining accurate formulations, reliable laboratory testing, compliant labels and substantiated marketing claims.

What Food Businesses Can Learn

The Nestlé case offers several broader lessons for food manufacturers and brands.

1. Test products consistently

Regular laboratory testing can help manufacturers identify deviations in nutrient levels and other specifications before products reach consumers.

2. Keep claims scientifically supported

Marketing claims should be backed by appropriate scientific evidence and should comply with the regulations applicable to the particular category of food.

3. Review e-commerce listings

Food compliance does not stop at the physical packaging. Product descriptions, promotional material and claims displayed on online marketplaces can also attract regulatory scrutiny.

4. Maintain strong documentation

Manufacturers should maintain records relating to formulations, testing, specifications, approvals and supporting evidence for product claims.

5. Treat infant nutrition as a high-compliance category

Products intended for infants require particular attention to regulatory requirements because even relatively small differences in nutritional composition or marketing language can have significant compliance implications.

The Bigger Picture

The action against Nestlé comes amid increased scrutiny of India's food sector, including inspections, product testing and examination of food labels and marketing practices. Reuters reported that Indian authorities have been stepping up scrutiny across the country's large packaged-food industry.

For food manufacturers, the message is clear: food safety involves more than producing a product that meets expectations at the factory level. Compliance also extends to laboratory testing, labelling, advertising and consumer-facing information.

As the proceedings involving Nestlé India continue, the case will be closely watched by the infant nutrition and wider packaged-food industries.

Conclusion

FSSAI's action against Nestlé India highlights the increasingly important role of regulatory compliance in India's food industry. The case involves allegations concerning promotional claims on two infant nutrition products and laboratory findings concerning biotin in a follow-up formula.

Nestlé, however, maintains that its products comply with applicable regulations and has provided its response to the authorities.

The development serves as a reminder to food businesses that accurate formulation, rigorous testing, compliant labelling and responsible marketing are all essential components of food safety.

Source: Reuters, FSSAI and related regulatory reporting.

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