NEW DELHI: The Food Safety and Standards Authority of India (FSSAI) on Wednesday issued notices to Food Business Operators (FBOs) regarding misleading claims and non-compliant promotions involving products like Complan, Lactogen Pro 1 Powder, Nan Excella Pro Stage 1 and infant milk substitutes.
The FBOs who were served notices were Nestle India Limited, Abbott Healthcare Private Ltd., Nutricia International Private Ltd., Mead Johnson Nutrition (India) Private Ltd and Zydus Wellness Products Limited.
The food regulator served notice to Nestle India over a claim that its Lactogen Pro 1 Powder contains whey protein that is easy to digest, appearing on its packaging or advertising material.
Nestle India was directed to submit the requisite documents and supporting evidence for the claim within the stipulated period.
On Nestle India’s Nan Excella Pro Stage 1, the FSSAI said, “The claim '5 HMOs helps support the normal immune system' was considered to imply that the product is suitable for supporting the immune system, suggesting its use in relation to a particular physiological condition.”
“The claim was considered non-compliant with provisions prohibiting claims relating to the prevention, alleviation, treatment or cure of any disease, disorder or particular physiological condition, unless specifically permitted under applicable regulations,” the FSSAI said.
It also said that the claim "contains Whey Protein, which is a part of milk protein that is easy to digest" was observed on the product packaging/advertising material, and scientific substantiation was sought to support the claim.
The FBO was also directed to explain why action should not be initiated under the FSS Act, 2006, and the Rules and Regulations within the stipulated period.
The food regulator also flagged an Instagram Reel posted by Ira Fathima featuring a "Top 5" list recommending infant formula products.
The products featured were Nan-Pro 1, Aptamil Premium 1, Similac Advance 1, Enfamil A+ Stage 1 and Dexolac 1.
The promotional content attributed benefits such as balanced nutrition, stronger immunity, brain development and easy digestion to the products.
The promotion of infant milk substitutes was alleged to violate the Infant Milk Substitutes Act, 1992, as amended in 2003.
The content was also alleged to violate the applicable requirements under the FSS (Foods for Infant Nutrition) Regulations, 2020, regarding advertising, marketing and promotion.
All of them were directed to explain why action should not be initiated under the FSS Act, 2006, and the Rules and Regulations, within the stipulated period from the date of issuance of the notice.
The FSSAI in a notice to Zydus Wellness Products Ltd. said that their product label and online listing displayed images of two children and claims including '2X faster growth', 'supports concentration and memory" and "pro immunity+ 34 vital nutrients."
The claims were found to be in violation of the FSS (Advertising and Claims) Regulations, 2018.
Scientific justification was sought for the claims like ‘grow taller, faster,' 'Clinically proven 2X growth,’ and ‘pro immunity+34 vital nutrients.’
The advertisement claims that ‘growth comes in 4 flavors’ was found to violate Regulations of the FSS (Advertising and Claims) Regulations, 2018.
“The FBOs have 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, and the rules and regulations made thereunder,” the FSSAI said.
In recent times, the food regulator has issued notices to over 150 food and beverage makers over issues ranging from misleading claims and advertisements to missing ingredients.
