The Food Safety and Standards Authority of India has initiated legal action against Nestlé India over alleged non-compliance involving three infant nutrition products. The regulatory action covers promotional claims associated with two products and a separate laboratory finding concerning the biotin content of a follow-up formula.
According to FSSAI, the products examined were NAN Excella Pro Stage 1, Lactogen Pro 1 and a follow-up formula manufactured by Nestlé India. The regulator also examined promotional material for the products available on e-commerce platforms as part of its review.
The action concerning NAN Excella Pro Stage 1 relates to promotional references to 5 HMOs and Whey Protein. FSSAI said it examined these claims and sought clarification from Nestlé India. The regulator subsequently determined that the promotional material was not compliant with the applicable provisions governing infant foods.
In the case of Lactogen Pro 1, FSSAI flagged a claim describing Whey Protein as easy to digest. The authority said this promotional claim also fell foul of the restrictions applicable to infant nutrition products. The findings concern how infant food products can be promoted and marketed rather than simply the presence of the ingredients mentioned in the promotional material.
FSSAI said both NAN Excella Pro Stage 1 and Lactogen Pro 1 were found to be in contravention of Regulation 4(2) of the Food Safety and Standards Foods for Infant Nutrition Regulations, 2020. The provision restricts promotional claims or material intended to increase the saleability of infant foods.
The regulator also referred to Section 3 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods Regulation of Production, Supply and Distribution Act, 1992. The legislation places restrictions on the advertisement and promotion of infant milk substitutes and specified infant foods.
A separate issue emerged from laboratory testing of a follow-up formula manufactured by Nestlé India. FSSAI said the sample was found to be sub-standard with respect to its biotin content during laboratory analysis.
The sample was subsequently sent for re-analysis. According to FSSAI, the referral laboratory also found that the sample did not conform to the prescribed biotin requirement under the Food Safety and Standards Foods for Infant Nutrition Regulations, 2020.
Biotin is a vitamin that forms part of nutritional requirements in infant and follow-up food formulations. In this case, the regulatory concern relates specifically to whether the tested sample met the prescribed requirement under the applicable food safety standards.
Following its findings, FSSAI said it had filed three separate adjudication cases against Nestlé India. The cases relate individually to the three products covered by the regulatory action. This means the proceedings are not limited to the promotional claims involving NAN Excella Pro Stage 1 and Lactogen Pro 1; the follow-up formula is also part of the enforcement action because of the laboratory finding.
The distinction between the three products is important. FSSAI's concerns regarding NAN Excella Pro Stage 1 and Lactogen Pro 1 primarily involve promotional and advertising claims. The concern regarding the follow-up formula is different because it relates to the nutritional composition identified through laboratory testing.
The regulatory action does not by itself amount to a final criminal conviction or establish that every unit of the products is defective. The proceedings are adjudication cases based on the findings identified by the food regulator. Any further consequences will depend on the regulatory process and the applicable legal proceedings.
The development comes as Indian food safety authorities continue to examine food products, labelling and promotional practices. Infant nutrition products are subject to specific regulations because of the requirements surrounding their composition, marketing and promotion.
The restrictions on advertising and promotional material for infant foods are designed to regulate how such products are marketed to consumers. FSSAI's latest action highlights the importance of compliance with those requirements when manufacturers promote products through online retail platforms and other channels.
The e-commerce aspect is also significant. FSSAI said its examination included promotional material available on e-commerce platforms. This indicates that the regulator's scrutiny extended beyond physical packaging and included the way products were presented and promoted online.
For NAN Excella Pro Stage 1, the regulator specifically highlighted the references to 5 HMOs and Whey Protein. For Lactogen Pro 1, the claim that Whey Protein was easy to digest was identified. FSSAI said it sought explanations from Nestlé India before proceeding with the adjudication cases.
The biotin issue involving the follow-up formula followed a separate testing process. The initial laboratory analysis identified the non-conformity, and the referral laboratory subsequently reached the same conclusion regarding the prescribed biotin requirement. This additional testing formed part of the basis for the regulatory action.
Nestlé India is one of India's major food and beverage companies, with a portfolio covering nutrition, dairy, prepared foods and other consumer products. The latest regulatory development specifically concerns the infant nutrition products identified by FSSAI and should not automatically be extended to the company's wider product portfolio.
The action also demonstrates the distinction between a regulatory allegation or finding and a final determination of liability. FSSAI has initiated adjudication proceedings based on its findings, while the company has the opportunity to respond through the applicable process.
As of September 18, 2026, FSSAI has publicly stated that three separate adjudication cases have been filed against Nestlé India. The regulator's findings cover promotional claims for NAN Excella Pro Stage 1 and Lactogen Pro 1 and the biotin content of a follow-up formula.
The development is likely to receive attention from consumers and the packaged food industry because infant nutrition products operate under specific regulatory requirements. Manufacturers must comply with prescribed standards relating to composition as well as restrictions on advertising and promotional material.
For consumers, the latest action is a regulatory development rather than a blanket finding against all Nestlé infant nutrition products. The FSSAI announcement identifies three specific products and separate areas of concern. The proceedings will determine the next steps under the relevant food safety laws and regulations.
The regulator's action therefore has two distinct components: alleged non-compliant promotional claims involving two infant nutrition products and a laboratory finding concerning biotin in a separate follow-up formula. By filing three adjudication cases, FSSAI has formally moved the matter into the relevant enforcement process.
The case also reinforces the importance of accurate product information in infant nutrition marketing. Claims relating to nutritional components and digestibility are subject to specific regulatory requirements, and companies must ensure that promotional material complies with the applicable provisions.
At present, the key facts established by FSSAI are that it examined the three products and their online promotional material, identified the cited non-compliances, conducted laboratory analysis of the follow-up formula, carried out a referral analysis and subsequently initiated three adjudication cases against Nestlé India.