FSSAI initiates legal action against Nestle India over infant nutrition products
Worth reading — 1 past UPSC question on this theme (Prelims GS-1 2018).
2-minute summary
The Food Safety and Standards Authority of India (FSSAI) has initiated legal action against Nestle India Ltd for non-compliance with food safety norms across three infant nutrition products: NAN Excella Pro Stage 1, Lactogen Pro 1, and a follow-up formula. The regulator flagged unauthorized promotional claims on e-commerce platforms, specifically targeting claims about '5HMOs' and 'Whey Protein' in NAN Excella Pro Stage 1, and claims describing 'Whey Protein' as easy to digest in Lactogen Pro 1. These claims violate Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020, and Section 3 of the Infant Milk Substitutes (IMS) Act, 1992, both of which prohibit promotional activities aimed at boosting the saleability of infant foods. Additionally, laboratory analysis revealed that a sample of Nestle's follow-up formula contained sub-standard levels of Biotin. Consequently, FSSAI has filed three separate adjudication cases against the company.
Why it's in the news
FSSAI has initiated legal action and filed three separate adjudication cases against Nestle India Ltd over misleading promotional claims and sub-standard nutrient levels in its infant nutrition products.
Background and context
Infant nutrition is a highly sensitive public health domain. Aggressive marketing of infant milk substitutes can undermine breastfeeding, which is critical for infant health and survival. To prevent this, India enacted the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 (commonly known as the IMS Act). This Act strictly prohibits the advertising and promotion of infant milk substitutes to the public. Furthermore, the Food Safety and Standards Act, 2006 established the FSSAI to enforce science-based food safety standards. Under this Act, the FSSAI notified the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020, which mandate strict nutritional compositions and forbid unapproved health claims. The current dispute highlights the challenges of monitoring digital marketing and ensuring corporate compliance on e-commerce platforms.
Constitutional provisions
- Article 47 — Directs the State to regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties.
Committees and reports
- International Code of Marketing of Breast-milk Substitutes (WHO/UNICEF) — An international health framework adopted by the World Health Assembly to protect breastfeeding from commercial promotion, which served as the foundation for India's IMS Act of 1992.
Government schemes
- MAA (Mothers’ Absolute Affection) Programme — A nationwide programme launched to promote, protect, and support breastfeeding and young child feeding practices, aligning with the spirit of the IMS Act.
International organisations
- Codex Alimentarius Commission (CAC) — A joint FAO/WHO body that sets international food standards and guidelines, which serve as a benchmark for FSSAI's domestic regulations on infant nutrition.
Previous UPSC questions on this theme
- Prelims GS-1 2018 — Consider the following statements: 1. The Food Safety and Standards Act, 2006 replaced the Prevention of Food Adulteration Act, 1954. 2. The Food Safety and Standards Authority of India (FSSAI) is under the charge of Director General of Health Services in the Union Ministry of Health and Family Welfare. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2
Mains practice: Analyze the regulatory framework governing food safety and infant nutrition in India. To what extent has the FSSAI been successful in curbing misleading advertisements by multinational food corporations?
The regulatory framework governing food safety and infant nutrition in India is anchored by the Food Safety and Standards Authority of India (FSSAI) under the FSS Act, 2006, and the Infant Milk Substitutes, Feeding Bottles and Infant Foods Act, 1992 (IMS Act). Recent legal actions against major players like Nestle highlight both the robustness of these laws and the challenges in their enforcement.
**Regulatory Framework in India**
• **The IMS Act, 1992:** This stringent legislation prohibits any advertisement, promotion, or distribution of free samples of infant milk substitutes, feeding bottles, or infant foods to protect and promote breastfeeding.
• **FSSAI Regulations, 2020:** The Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020, prescribe strict limits on nutrient composition (e.g., Biotin, proteins) and prohibit promotional claims aimed at increasing saleability.
• **Adjudication Mechanism:** FSSAI holds the power to sample, analyze, and initiate legal adjudication against non-compliant food business operators (FBOs).
**Challenges in Curbing Misleading Advertisements**
• **Digital and E-commerce Platforms:** Aggressive marketing has shifted online, where algorithms and promotional banners bypass traditional advertising bans.
• **Scientific Jargon as Marketing:** Corporations use complex scientific terms like '5HMOs' or 'Whey Protein' to imply superior health benefits, misleading parents into choosing commercial products over breast milk.
• **Enforcement Gaps:** Monitoring thousands of products across diverse retail and digital spaces remains a resource-intensive challenge for state food safety commissioners.
**Conclusion**
While India possesses a robust legal architecture, ensuring compliance requires proactive digital monitoring, stringent penalties, and public awareness campaigns. Protecting infant health demands that regulatory bodies like FSSAI maintain uncompromising vigilance against corporate mislabeling.
Prelims practice questions
Q1. With reference to the Food Safety and Standards Authority of India (FSSAI), consider the following statements: 1. It is a statutory body established under the Ministry of Consumer Affairs, Food and Public Distribution. 2. It is mandated to lay down science-based standards for articles of food and to regulate their manufacture, storage, distribution, sale, and import. Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer: B. Statement 1 is incorrect because FSSAI is established under the Ministry of Health and Family Welfare, not the Ministry of Consumer Affairs. Statement 2 is correct as it accurately describes the mandate of FSSAI under the Food Safety and Standards Act, 2006.
Q2. The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 (IMS Act) strictly prohibits which of the following activities? 1. Advertising or promoting infant milk substitutes and infant foods. 2. Giving free samples of infant milk substitutes to pregnant women or mothers. 3. Offering financial inducements to health workers to promote infant milk substitutes. Select the correct answer using the code given below:
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
Answer: D. Under the IMS Act, 1992, all three activities are strictly prohibited. The Act bans the advertisement/promotion of infant milk substitutes, the distribution of free samples to the public, and the offering of gifts or financial incentives to healthcare professionals to promote these products.
Q3. Consider the following statements regarding the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020: 1. They completely prohibit any promotional claims aimed at increasing the saleability of infant foods. 2. They prescribe specific standards for micronutrients, including Biotin, in follow-up formulas. Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer: C. Both statements are correct. Regulation 4(2) of the 2020 Regulations restricts promotional claims aimed at increasing the saleability of infant foods. The regulations also prescribe strict standards for nutrient composition, including Biotin, which Nestle's follow-up formula was found to have violated.
Revision flashcards
- What is the primary objective of the IMS Act, 1992? To protect and promote breastfeeding by regulating and restricting the production, supply, distribution, and advertisement of infant milk substitutes, feeding bottles, and infant foods.
- Which Ministry is the parent ministry of the Food Safety and Standards Authority of India (FSSAI)? The Ministry of Health and Family Welfare, Government of India.
- What specific nutrient deficiency was flagged by FSSAI in Nestle's follow-up formula in the September 2026 case? Biotin content was found to be sub-standard and non-conforming to the 2020 regulations.
- Which constitutional provision directs the State to improve public health and nutrition levels? Article 47 of the Directive Principles of State Policy (DPSP).
- What does Regulation 4(2) of the FSS (Foods for Infant Nutrition) Regulations, 2020 restrict? It restricts promotional claims or materials on infant foods that are designed to increase their saleability.