Nestle India has said that its low fat dairy whitener is safe to consume and compliant with all regulatory requirements, after a Food Safety and Standards Authority of India (FSSAI) lab report declared its product sample "substandard" and "unsafe".
The company argued that FSSAI's lab reports measure total phosphorus against the limit prescribed for additives, without accounting for the substantial natural phosphorus contribution from milk-based ingredients.
"Nestlé low fat dairy whitener is safe to consume and complies with all applicable regulatory requirements. Phosphorus is a nutrient that occurs naturally in milk and is therefore present in all milk-based products," a Nestle India spokesperson said.
"Our product is in full compliance for added phosphorus as per prescribed limits under FSSR, including on as-consumed basis," the spokesperson said, adding that the company has been in continuous engagement with the authorities as per due process and has shared data on similar milk-based products in the category to show the presence of naturally occurring phosphorus.
According to a disclosure by the food regulator, the sample was drawn from the premises of Bharat Hotels Ltd, which operates The Lalit hotel at Connaught Place in New Delhi. The food analyst's laboratory report found the sample non-compliant under the Food Safety and Standards (FSS) Act, 2006.
FSSAI said a copy of the laboratory report was shared with the food business operator (FBO), and a notice was issued to Bharat Hotels Ltd regarding the non-compliant product.
The FBO was directed to immediately stop selling the product and was allowed to appeal against the lab report within the prescribed period.
FSSAI's disclosure does not specify the parameter on which the sample failed.
