The Food Safety and Standards Authority of India (FSSAI) on Wednesday issued notices to Nestle India and Complan maker Zydus Wellness Products over claims relating to children's growth, immunity and digestion.
The regulator has sought scientific evidence supporting certain claims and directed the companies to explain why action should not be initiated under applicable food safety laws.
The notice is part of a wider regulatory crackdown on misleading claims and non-compliant promotions by food business operators (FBOs).
FSSAI said the claim that the product contained whey protein, a part of milk protein that was easy to digest, appeared on its packaging or advertising material.
"The claim 5 HMOs helps support 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 notice said.
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 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, it added.
The FBO was directed to explain why action should not be initiated under the FSS Act, 2006, and the Rules and Regulations made thereunder, within the stipulated period.
FSSAI also issued notice regarding infant formula.
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 notice said.
The promotion of infant milk substitutes was alleged to violate the Infant Milk Substitutes Act, 1992, as amended in 2003.
The 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 “GROW TALLER, FASTER. CLINICALLY PROVEN 2X GROWTH” and “Pro Immunity+ 34 Vital Nutrients”.
The advertisement claim “Growth Comes in 4 Flavors” was found to violate Regulations of the FSS (Advertising and Claims) Regulations, 2018.
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