The Food Safety and Standards Authority of India (FSSAI) has initiated legal action against Nestlé India after examining infant nutrition products sold through e-commerce platforms and finding violations related to product claims, promotion, and compliance with food safety standards.
According to the food authority, FSSAI, in its social media posts, scrutinised NAN Excella Pro Stage 1 and Lactogen Pro 1, among other infant nutrition products.
In the case of NAN Excella Pro Stage 1, FSSAI sought clarification from Nestlé India over claims relating to "5 HMOs", or human milk oligosaccharides. For Lactogen Pro 1, the regulator sought clarification on a claim relating to whey protein.
FSSAI subsequently found the two products to be in contravention of provisions of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020, which regulate the promotion and sale of infant foods, as well as Section 3 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, commonly known as the IMS Act.
The regulatory action comes against the backdrop of increasing scrutiny of the marketing and promotion of infant foods and the claims made on products intended for infants.
In a separate case, FSSAI also tested a sample of a follow-up formula manufactured by Nestlé India. Laboratory analysis initially found an issue with the sample's biotin content. The sample was subsequently referred for re-analysis, which also found it to be non-conforming with the prescribed standards under the FSS Regulations.
Following these findings, FSSAI initiated three separate adjudication proceedings against Nestlé India, covering the three products.
The action is significant because infant foods face additional restrictions on promotion and marketing in India. The IMS Act regulates the production, supply, and distribution of infant milk substitutes, feeding bottles, and infant foods, with provisions aimed at protecting and promoting breastfeeding.
FSSAI's regulatory framework also sets separate standards for foods for infant nutrition, including requirements on composition, nutrients, and safety.
The latest action also comes as FSSAI continues to strengthen surveillance and enforcement across food categories. Its current regulatory work includes food testing, inspections and changes to food-labeling standards. FSSAI says it tested more than 3 lakh food samples and conducted more than 3 lakh inspections in 2025-26.
The present proceedings, however, concern alleged violations involving the marketing/claims and compliance of specific products, as well as the laboratory finding relating to biotin in the follow-up formula.
The adjudication proceedings will determine the regulatory consequences of the alleged violations.
