FSSAI Takes Legal Action Against Nestlé India Over Three Infant Nutrition Products

FSSAI Takes Legal Action Against Nestlé India Over Three Infant Nutrition Products

India’s food safety regulator has initiated three separate adjudication cases against Nestlé India concerning infant nutrition products, raising questions around promotional claims and nutritional compliance.

The Food Safety and Standards Authority of India (FSSAI) announced on September 18, 2026, that it had initiated legal proceedings involving three Nestlé India infant nutrition products. The action follows the regulator’s examination of products and promotional material available on e-commerce platforms.

The products involved are NAN Excella Pro Stage 1, Lactogen Pro 1, and a follow-up formula.

What Did FSSAI Flag?

According to FSSAI, promotional claims associated with two products were found to be inconsistent with India's regulations governing foods for infant nutrition.

For NAN Excella Pro Stage 1, the regulator flagged claims relating to “5 HMOs” and “Whey Protein.”

For Lactogen Pro 1, FSSAI raised concerns about a claim describing whey protein as easy to digest. The regulator said these claims fell under restrictions on promotional material intended to increase the saleability of infant foods.

FSSAI cited Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020, as well as provisions of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992.

These rules place strict limits on how infant milk substitutes and infant foods can be advertised and promoted.

A Separate Issue Involving Biotin

The third case concerns a follow-up formula manufactured by Nestlé India.

FSSAI reported that a sample was found to have non-conforming biotin content during laboratory analysis. The sample was subsequently sent for re-analysis, where the referral laboratory also found it did not meet the prescribed biotin requirement.

Biotin, also known as vitamin B7, is a water-soluble vitamin involved in several metabolic processes. Nutritional specifications are particularly important in foods formulated for infants and young children because these products can contribute significantly to their dietary intake.

Why Are Infant Food Regulations So Strict?

Infant nutrition products are subject to specific regulatory requirements because of their role in early-life nutrition and the importance of responsible marketing.

Indian regulations place restrictions on promotional practices surrounding infant milk substitutes and infant foods. The framework is intended to regulate how these products are presented to consumers and prevent marketing practices that could influence infant-feeding decisions.

This means that claims commonly used to market conventional food products can face additional scrutiny when they appear on infant nutrition products.

Nestlé India Responds

Nestlé India has disputed the suggestion that its products are non-compliant, stating that its products comply with applicable regulations.

The company also said that the labels of NAN Excella Pro and Lactogen Pro had been approved by an FSSAI expert committee and that it had submitted a detailed response to the authorities concerning the statements under scrutiny.

The company has stated that it will continue cooperating with FSSAI.

What Happens Next?

The cases initiated by FSSAI are part of the regulatory adjudication process. The initiation of legal proceedings does not by itself establish a final violation or indicate that a penalty has already been imposed.

The proceedings will determine how the regulator's findings and Nestlé India's response are assessed under the applicable regulations.

For consumers, the development highlights an important aspect of food safety: compliance involves more than the ingredients inside a product. Nutritional composition, labeling, advertising claims, manufacturing standards and promotional practices can all fall under regulatory scrutiny.

What This Means for the Food Industry

The case also demonstrates why food manufacturers need strong systems for:

  • Ingredient quality and verification

  • Nutritional testing

  • Accurate product specifications

  • Regulatory-compliant labeling

  • Advertising and promotional review

  • Batch-level quality control

  • Laboratory testing and documentation

For manufacturers operating in highly regulated categories such as infant nutrition, maintaining accurate records and verifying every product claim can be just as important as the manufacturing process itself.

Food Safety Is a System, Not a Single Check

The FSSAI action serves as a reminder that food safety extends across the entire product lifecycle — from raw materials and formulation to laboratory testing, labeling, marketing and distribution.

As regulatory oversight continues to evolve, food businesses can reduce compliance risks by implementing robust quality-control procedures and ensuring that every nutritional claim is properly supported and permitted under the relevant regulations.

Source: FSSAI reporting cited by PTI, Rediff, Reuters and Indian Express.

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