FSSAI seeks evidence based explanation from Nestle, Abbott and Zydus over infant formula, Complan
Renowned health and wellness brands Nestle India, Abbott Healthcare, Nutrition International, Mead Johnson Nutrition India, and Zydus Wellness are being scrutinized by the Food Safety and Standards Authority of India over claims made in advertisements for infant formula products and nutritional drink Complan.
The notice questions the related claims about digestion, immunity, brain development, and children’s growth, as well as the alleged promotion of infant milk substitutes on social media. The regulator has sought scientific evidence to substantiate their claims and explanations regarding their compliance with the applicable food safety and advertising regulations.
FSSAI’s official Instagram account features the notices issued, which indicate alleged violations of the Food Safety and Standards Act, 2006, and related regulations, including provisions governing food advertising and claims, and the promotion of infant milk substitutes.
In one notice, Nestle India has been asked to submit scientific evidence supporting its claim that whey protein in its Lactogen Pro One infant formula powder is easy to digest. The regulator has sought relevant documents and supporting evidence for the claim appearing on the product’s packaging or advertising material.
In a separate notice concerning Nestle’s NAN Excella Pro Stage 1, FSSAI has claimed that five HMOs help support the normal immune system, observing that the wording could imply suitability for supporting the immune system in relation to a particular psychological condition. It flagged the claim as potentially non-compliant with provisions restricting claims related to the prevention, alleviation, treatment or cure of diseases in certain psychological or physiological conditions, unless specifically permitted under applicable regulations. It further sought scientific substantiation for the product’s whey protein digestibility claim.
Nestle was asked to explain why action should not be initiated against it under the Food Safety and Standards Act and the relevant regulations.
In another matter, the regulator issued notices to influencer Ira Fatima, Abbott Healthcare, Nutrition International, and Mead Johnson Nutrition India over the alleged promotion of infant milk substitutes through Instagram. It flagged an Instagram reel featuring a list of the top five infant milk formula products: Nan Pro 1, Aptamil Premium 1, Similac Advance 1, Enfamil A+ Stage 1, and Dexolac 1.
According to FSSAI, the content attributed benefits such as balanced nutrition, strong immunity, brain development, and easy digestion to the products. However, it alleged that the promotion could violate the Infant Milk Substitutes Act, 1992, and the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020, which govern the marketing and promotion of products intended for infant feeding.
The recipients have been given a prescribed period to respond to the notices. The notices seek explanations and supporting evidence and do not, by themselves, establish liability.
Complan, a product marketed by Zydus Wellness, has also come under FSSAI’s scrutiny. The renowned nutritional drink marketed for children claims that it supports two times faster growth, supports concentration and memory, and provides Pro Immunity Plus with 34 vital nutrients.
The claims listed on the product’s packaging have been flagged by the regulator. The food safety in-charge also noted that the packaging and promotional material featured images of two children alongside claims related to growth, cognitive function, and immunity.
These claims appeared to violate the Food Safety and Standards (Advertising and Claims) Regulations, 2018, and the regulator sought scientific justification for the benefits being advertised.
Among the other claims questioned by the food regulator was the statement, “Grow taller, faster, clinically proven two times growth.”
Zydus Wellness has been directed to show cause within the stipulated period as to why action should not be initiated under the Food Safety and Standards Act, 2006.