Nestlé & Hindustan Unilever face FSSAI notices

The Food Safety and Standards Authority of India (FSSAI) on Saturday issued notices to Nestlé India Ltd and Hindustan Unilever Ltd over alleged misleading claims and regulatory non-compliance involving two of their products. The notice to Hindustan Unilever concerns its Horlicks Mother's Plus Kesar 400 g BIB product, while Nestlé India has been flagged over its Resource Renal vanilla-flavoured powder, intended for the dietary management of individuals with conservatively treated chronic kidney disease.

In its notice to Hindustan Unilever, the food safety regulator said an examination of a complaint, the product label, advertisements and the product listing on an e-commerce platform revealed potential violations relating to claims made for Horlicks Mother's Plus Kesar.

According to the notice, the claims "Healthy Birth Weight" on the product label and "For baby's healthy birth weight" in the advertisement were found to be potentially misleading and in contravention of the Food Safety and Standards (Advertising and Claims) Regulations, 2018.

The regulator observed that the phrase "Healthy Birth Weight" implied that the food itself imparted health benefits, which was not in accordance with the applicable regulations.

FSSAI also flagged the inclusion of the expressions "For Pregnancy and Lactation with Protein for Birth Weight and DHA for Brain Development - No Added Sugar" as part of the product name on the e-commerce platform, citing non-compliance with the prescribed requirements.

Hindustan Unilever has been directed to show cause and submit its response within the stipulated period. The regulator said failure to provide a satisfactory response could result in further action under the applicable food safety laws and regulations.

FSSAI also issued a notice to Nestlé India over its Resource Renal vanilla-flavoured powder, citing alleged regulatory and labelling violations.

The product is intended for the dietary management of individuals with conservatively treated chronic kidney disease, a specific medical condition. According to the notice, products in this category require prior approval from the Food Authority under the applicable provisions of the Food Safety and Standards (Health Supplements, Nutraceuticals, Food for Special Dietary Use, Food for Special Medical Purpose, and Prebiotic and Probiotic Food) Regulations, 2022.

The regulator observed that Nestlé India had not obtained the requisite prior approval for the product, rendering it non-compliant with the applicable regulatory requirements.

FSSAI also found that the product label did not display the prescribed vegetarian or non-vegetarian symbol, in violation of the Food Safety and Standards (Labelling and Display) Regulations, 2020.

Nestlé India has been directed to explain the alleged non-compliances and submit its response within the stipulated period. The notice states that an unsatisfactory response could lead to further action under the applicable food safety laws and regulations.

The notices seek responses from both companies regarding the observations made by the regulator. The allegations and regulatory findings outlined in the notices do not, by themselves, establish the final outcome of the proceedings.