Complan boy, Lactogen Pro girl? FSSAI issues notices to Zydus Wellness, Nestlé
In another notice, FSSAI flagged promotional content featuring infant formula products from Nestlé India, Abbott Healthcare, Nutricia International and Mead Johnson Nutrition.
The Food Safety and Standards Authority of India (FSSAI) on October 21 issued notices to Nestlé India, Zydus Wellness and other companies over product claims on infant formula and Complan, seeking scientific evidence to substantiate certain claims and explanations for alleged violations of food advertising regulations.
In notices published by the food safety regulator, Nestlé India was asked to substantiate claims about the digestibility of whey protein in its Lactogen Pro 1 powder and Nan Excella Pro Stage 1 products.
In the notice concerning Lactogen Pro 1 powder, FSSAI said the claim that the product “contains Whey Protein, which is a part of milk protein that is easy to digest” appeared on the packaging or advertising material. The company was asked to furnish scientific substantiation for the claim and submit the required supporting documents within the stipulated period.
Zydus Wellness was asked to provide scientific justification for claims made about Complan, including those relating to faster growth, immunity, concentration and memory.
In a separate notice concerning Nan Excella Pro Stage 1, the regulator flagged the claim that “5 HMOs helps support normal immune system”. FSSAI said the claim implied that the product was suitable for supporting the immune system in relation to a particular physiological condition.
The regulator considered the claim non-compliant with provisions restricting claims relating to the prevention, alleviation, treatment or cure of diseases, disorders or particular physiological conditions, unless specifically permitted under applicable regulations.
The notice also flagged the whey protein digestibility claim on the product’s packaging or advertising material. Nestlé was directed to explain why action should not be initiated under the Food Safety and Standards Act, 2006, and the rules and regulations framed under it.
Other infant formula products under scrutiny too
In another notice, FSSAI flagged promotional content featuring infant formula products from Nestlé India, Abbott Healthcare, Nutricia International and Mead Johnson Nutrition. The notice also named Ira Fathima, whose Instagram account, @ira_fathima, featured a reel recommending infant formula products.
According to the regulator, the reel included a “Top 5” list featuring 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.
FSSAI alleged that the promotion violated the Infant Milk Substitutes Act, 1992, as amended in 2003, as well as applicable requirements under the Foods for Infant Nutrition Regulations, 2020, governing advertising, marketing and promotion. The addressees were directed to explain why action should not be initiated under the relevant laws.
The regulator also issued a notice to Zydus Wellness Products Ltd over claims and advertisements on Complan. It flagged claims including “2X Faster Growth”, “Supports Concentration and Memory” and “Pro Immunity+ 34 Vital Nutrients”, displayed on product labels and online listings.
FSSAI said the claims were found to violate the Food Safety and Standards (Advertising and Claims) Regulations, 2018. It sought scientific justification for claims including “GROW TALLER, FASTER. CLINICALLY PROVEN 2X GROWTH” and “Pro Immunity+ 34 Vital Nutrients”.
The regulator also said the advertising claim “Growth Comes in 4 Flavors” violated the advertising and claims regulations. The company was 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 under it.
The notices seek explanations and supporting evidence from the companies and other addressees.