FSSAI issues notices to Nestle India, Zydus Wellness over alleged misleading product claims


FSSAI has issued notices to Nestle India and Zydus Wellness over allegedly misleading product claims, seeking scientific evidence to substantiate advertisements for Lactogen, Nan Excella Pro and Complan.

Food regulator FSSAI has issued notices to Nestle India and Zydus Wellness over “misleading claims” in certain products and has asked the companies to provide scientific proof to support their advertisements.

In a social media post, the Food Safety and Standards Authority of India (FSSAI) said it has issued notices to Nestle India for misleading claims and non-compliant promotions involving two food products, ‘Lactogen Pro 1 Powder’ and ‘Nan Excella Pro Stage 1’.

The regulator also issued a notice to Zydus Wellness Products Ltd citing misleading claims and advertisements on its food product Complan.

In the notice issued for Lactogen Pro 1 powder, FSSAI said the company has claimed, in its labelling and advertisement material, that the product “contains Whey Protein, which is a part of milk protein that is easy to digest”.

FSSAI has asked Nestle to furnish scientific substantiation for the claim regarding whey protein being easy to digest.

The company has been directed to submit the requisite documents and supporting evidence for the claim within the stipulated period.

In the product Nan Excella Pro Stage 1, the FSSAI said that the claim “5 HMOs help support the normal immune system” was considered to imply that the product is suitable for supporting the immune system.

“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 regulator said.

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That apart, the FSSAI said the claim “contains whey protein” was observed on the product packaging/advertising material.

The FSSAI has sought scientific substantiation to support the claim.

Nestle India has been directed to explain why action should not be initiated under the FSS Act, 2006.

Meanwhile, a Nestle India spokesperson said, “FSSAI’s recent post reiterates the points raised in its earlier post of September 18 regarding product labels. We have already submitted our detailed response to FSSAI on these matters.”

In the case of Zydus Wellness’ Complan, FSSAI said the product label displays images of two children and claims include “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.

The regulator has asked Zydus to provide scientific justification for such claims.

The advertisement claim “growth comes in 4 flavors” was found to violate the provisions of the FSS (Advertising and Claims) Regulations, 2018.

Zydus has been directed to show cause within the stipulated period as to why action should not be taken against the company, the regulator said. PTI

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