FSSAI serves notice on Nestle India over Lactogen Pro 1 digestibility claim
Synopsis
India's food regulator FSSAI has put Nestle India on notice over an unsubstantiated digestibility claim on Lactogen Pro 1 Powder — part of a sweeping action against misleading labels and promotions on infant nutrition products, including Nan Excella Pro Stage 1 and Complan. Companies must now prove their claims or face action under the FSS Act, 2006.
Key Takeaways
FSSAI served a notice on Nestle India on 21 October 2026 over claims on Lactogen Pro 1 Powder packaging.
The disputed claim states the product 'contains Whey Protein, which is a part of milk protein that is easy to digest.' Nestle India must submit scientific substantiation within the stipulated timeframe or face action under the FSS Act, 2006 .
The action is part of a wider FSSAI crackdown covering products including Nan Excella Pro Stage 1 and Complan .
All food business operators are legally required to back label and advertising claims with adequate scientific evidence under Indian food safety regulations.
The Food Safety and Standards Authority of India (FSSAI) on Wednesday, 21 October 2026, served a notice on Nestle India over claims made on its Lactogen Pro 1 Powder, directing the company to furnish scientific evidence backing the assertion that the product contains whey protein that is easy to digest. The notice is part of a broader regulatory sweep targeting misleading claims and non-compliant promotional practices across India's nutritional and infant-feeding product segment.
What the Notice Says
According to the regulator, the claim — 'contains Whey Protein, which is a part of milk protein that is easy to digest' — was observed on the product's packaging or advertising material. FSSAI has asked Nestle India, as a Food Business Operator (FBO), to submit all relevant documents and scientific substantiation for this claim within the prescribed timeframe.
The notice further warns that the company must explain why regulatory action should not be initiated under the Food Safety and Standards (FSS) Act, 2006, and the rules and regulations framed thereunder, from the date of issuance of the notice.
Wider Crackdown on Infant Food Products
The action against Lactogen Pro 1 Powder is not an isolated move. FSSAI confirmed that notices have been issued to multiple Food Business Operators over misleading claims and non-compliant promotions involving infant milk substitutes and nutritional products. Products named in this wider action reportedly include Nan Excella Pro Stage 1 — also marketed by Nestle — and Complan.
This comes amid growing regulatory scrutiny of infant nutrition marketing in India, where advertising norms for breast milk substitutes are governed not only by FSSAI but also by the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act. Notably, infant-formula marketing has been a recurring flashpoint globally, with the World Health Organization consistently flagging promotional practices that may undermine breastfeeding.
What the Regulations Require
FSSAI reiterated that all food companies are legally required to ensure that claims made on product labels, packaging, and advertisements are backed by adequate scientific evidence and comply with India's food safety and advertising regulations. Unsubstantiated health or nutritional claims on food products can attract penalties under the FSS Act, 2006.
What Happens Next
Nestle India has been given a stipulated window to respond with supporting scientific documentation. If the company fails to provide satisfactory evidence, FSSAI may initiate formal enforcement action. The outcome of this notice, and similar ones issued to other FBOs, is expected to set a precedent for how health and nutritional claims on infant food products are regulated and enforced across the industry.
Point of View
Making the reputational stakes high. The inclusion of Complan — a long-established nutritional drink — in the same sweep suggests FSSAI is broadening its definition of 'non-compliant promotion' beyond niche or fringe players. What this action does not yet answer is whether FSSAI will follow through with penalties if evidence is inadequate, or whether the notice remains a compliance nudge that companies routinely absorb.
NationPress
21 Oct 2026
Frequently Asked Questions
Why has FSSAI issued a notice to Nestle India?
FSSAI issued a notice to Nestle India because a claim on the packaging or advertising material of Lactogen Pro 1 Powder — stating that it contains whey protein that is easy to digest — lacked demonstrated scientific substantiation. The regulator has asked Nestle India to submit supporting evidence within a prescribed timeframe or face action under the FSS Act, 2006.
What is the FSSAI's wider crackdown about?
FSSAI has issued notices to multiple food business operators over misleading claims and non-compliant promotions involving infant milk substitutes and nutritional products. Besides Lactogen Pro 1 Powder, products reportedly covered include Nan Excella Pro Stage 1 and Complan, marking a broad sweep of the infant and child nutrition segment.
What happens if Nestle India cannot substantiate the claim?
If Nestle India fails to provide adequate scientific evidence, FSSAI may initiate formal enforcement action under the Food Safety and Standards Act, 2006, and the rules and regulations made thereunder. The company has been directed to explain why such action should not be taken from the date of the notice.
What rules govern health and nutritional claims on food labels in India?
Under India's food safety framework, all food companies are required to ensure that claims on product labels, packaging, and advertisements are backed by adequate scientific evidence and comply with FSSAI regulations. Unsubstantiated claims can attract penalties under the FSS Act, 2006.
Which other products are part of this FSSAI action?
Apart from Lactogen Pro 1 Powder, FSSAI's notices reportedly cover Nan Excella Pro Stage 1 — another Nestle India product — and Complan. The action targets what the regulator describes as misleading claims and non-compliant promotions in the nutritional and infant-feeding product category.
