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FSSAI seeks proof from Nestle, Abbott and Zydus over infant formula, ad claims

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Source : INDIA TODAY NEWS

The Food Safety and Standards Authority of India (FSSAI) has issued notices to Nestle India, Abbott Healthcare, Nutricia International, Mead Johnson Nutrition India and Zydus Wellness over claims made in advertisements for infant formula products and the nutritional drink Complan.

The notices question claims related to digestion, immunity, brain development and children’s growth, as well as the alleged promotion of infant milk substitutes on social media. The regulator has sought scientific evidence to substantiate the claims and explanations regarding compliance with applicable food safety and advertising regulations.

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According to information shared on FSSAI’s official Instagram account, the notices concern alleged violations of the Food Safety and Standards Act, 2006, and related regulations, including provisions governing food advertising and claims and the promotion of infant milk substitutes.

NESTLE ASKED TO SUBSTANTIATE DIGESTIBILITY AND IMMUNITY CLAIMS

In one notice, FSSAI asked Nestle India to provide scientific evidence supporting the claim that whey protein in its Lactogen Pro 1 infant formula powder is “easy to digest”.

The regulator sought relevant documents and supporting evidence for the claim appearing on the product’s packaging or advertising material.

In a separate notice concerning Nestle’s Nan Excella Pro Stage 1, FSSAI questioned the claim that “5 HMOs helps support normal immune system”.

The authority observed that the wording could imply suitability for supporting the immune system in relation to a particular physiological condition. It flagged the claim as potentially non-compliant with provisions restricting claims relating to the prevention, alleviation, treatment or cure of diseases and certain physiological conditions, unless specifically permitted under applicable regulations.

The notice also sought scientific substantiation for the product’s whey protein digestibility claim. Nestle was asked to explain why action should not be initiated against it under the Food Safety and Standards Act and the relevant regulations.

FSSAI FLAGS ALLEGED SOCIAL MEDIA PROMOTION OF INFANT FORMULAS

In another matter, FSSAI issued notices to influencer Ira Fathima, Abbott Healthcare, Nestle India, Nutricia International and Mead Johnson Nutrition India over the alleged promotion of infant milk substitutes through Instagram.

The regulator flagged an Instagram Reel featuring a list of the “Top 5” infant formula products: Nan-Pro 1, Aptamil Premium 1, Similac Advance 1, Enfamil A+ Stage 1 and Dexolac 1.

According to FSSAI, the content attributed benefits such as balanced nutrition, stronger immunity, brain development and easy digestion to the products.

The authority alleged that the promotion could violate the Infant Milk Substitutes Act, 1992, and the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020, which govern the marketing and promotion of products intended for infant feeding.

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The recipients have been asked to respond within the prescribed period. The notices seek explanations and supporting evidence and do not, by themselves, establish liability.

ZYDUS WELLNESS FACES NOTICE OVER COMPLAN’S GROWTH CLAIMS

Separately, FSSAI has issued a notice to Zydus Wellness Products Limited over advertising claims made for Complan, its nutritional drink marketed for children.

The regulator flagged claims appearing on the product’s packaging and online listings, including “2X Faster Growth”, “Supports Concentration and Memory” and “Pro Immunity + 34 Vital Nutrients”.

FSSAI also noted that the packaging and promotional material featured images of two children alongside claims relating to growth, cognitive functions and immunity.

The authority said the claims appeared to violate the Food Safety and Standards (Advertising and Claims) Regulations, 2018, and sought scientific justification for the benefits being advertised.

REGULATOR QUESTIONS ‘CLINICALLY PROVEN’ GROWTH CLAIM

Among the claims questioned by FSSAI was the statement: “GROW TALLER, FASTER. CLINICALLY PROVEN 2X GROWTH”.

The regulator also sought substantiation for the “Pro Immunity + 34 Vital Nutrients” claim, which highlights the product’s purported nutritional and immunity-related benefits.

FSSAI further flagged the advertising statement “Growth Comes in 4 Flavours”, stating that it violated provisions of the 2018 regulations governing food advertising and claims.

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Zydus Wellness has been directed to show cause within the stipulated period as to why action should not be initiated against it under the Food Safety and Standards Act, 2006, and the rules and regulations framed under it.

NOTICES SEEK EXPLANATIONS, NOT FINAL FINDINGS

The notices bring claims made in advertisements for infant nutrition products and children’s nutritional drinks under regulatory scrutiny, particularly those relating to immunity, digestion, physical growth and cognitive development.

Such claims are subject to applicable food safety and advertising requirements, including the need for appropriate scientific substantiation where required.

The notices issued to the companies and the influencer seek explanations and supporting evidence. They do not, by themselves, establish that the claims are misleading or that the recipients have been found liable for violating the law.

– Ends

With agency inputs

SOURCE :- TIMES OF INDIA