The central food safety regulator flagged promotional claims displayed on product packaging and amplified through e-commerce retail channels. For NAN Excella Pro Stage 1, the FSSAI scrutinized marketing claims highlighting the presence of “5 HMOs” (human milk oligosaccharides) and “Whey Protein,” while Lactogen Pro 1 was challenged for claims characterizing its whey protein formulation as “easy to digest”. Following an assessment of Nestlé’s initial clarifications, the authority concluded that both products violate Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020, as well as Section 3 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 (IMS Act), which strictly outlaws marketing intended to promote the saleability of infant milk substitutes.

Compounding the marketing violations, the FSSAI disclosed a laboratory finding determining that a sample of follow-up formula manufactured by Nestlé India was “sub-standard” regarding its biotin content. According to the regulator, subsequent re-analysis performed by an official referral laboratory confirmed that the sample failed to conform to the mandatory biotin baseline prescribed for infant formulas under Indian statutory standards. Because biotin serves as an indispensable B-complex micronutrient for infant metabolic and cellular development, regulatory deviations in prescribed infant nutrient limits trigger strict statutory liabilities under the Food Safety and Standards Act.

Rebutting the regulator’s findings, Nestlé India released an official statement asserting that its infant formulas and packaging declarations remain fully compliant with all applicable national laws. A corporate spokesperson emphasized that both NAN Excella Pro and Lactogen Pro, along with their respective labels, had received prior evaluation and formal clearance by an expert committee constituted by the FSSAI. The company affirmed that it had submitted comprehensive documentation demonstrating that all statements appearing on the packaging are strictly factual, supported by recognized scientific literature, and free of unlawful commercial promotion.