Nestle India and Hindustan Unilever Ltd (HUL) have received notices from the Food Safety and Standards Authority of India (FSSAI) over alleged misleading claims and regulatory non-compliance involving three nutrition products. The notices concern a specialised kidney nutrition powder from Nestle and two Horlicks products marketed for maternal and women’s health.
The food safety regulator said its examination of a complaint, product labels, advertisements and e-commerce listings revealed multiple instances of alleged non-compliance. The companies have been asked to explain the claims and other issues flagged by the authority.
Why FSSAI has issued a notice to Nestle India
The notice to Nestle India concerns Nestle Resource Renal Vanilla Flavour Powder, a product intended for the dietary management of people with conservatively treated chronic kidney disease.
According to FSSAI, the product falls under a category for which prior approval is required under 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 alleged that the company had not obtained the required approval, making the product non-compliant with the applicable rules.
FSSAI also flagged the absence of the mandatory vegetarian or non-vegetarian symbol on the product label, citing a violation of labelling requirements.
The authority has directed Nestle India to show cause and submit its response within the stipulated period. It has warned that an unsatisfactory explanation could lead to further action under food safety laws.
HUL’s Horlicks Mother’s Plus faces scrutiny over birth-weight claims
HUL has also come under the regulator’s scrutiny over claims made for Horlicks Mother’s Plus Kesar 400 g BIB.
FSSAI raised concerns about the phrase “Healthy Birth Weight” on the product label and the advertising claim “For baby’s healthy birth weight”. The regulator considered these statements potentially misleading.
The notice also highlighted promotional descriptions used on e-commerce platforms that allegedly did not meet the applicable regulatory requirements.
The company has been asked to explain the claims and the concerns raised by the authority. The issue centres on how the product’s benefits are presented to consumers, particularly when the claims relate to pregnancy and a baby’s birth weight.
Horlicks Women’s Plus claims also flagged
In a separate notice to HUL, FSSAI questioned claims made for Horlicks Women’s Plus Chocolate Nutrition Drink 400 g.
The regulator flagged several statements, including:
- “Nutrition for Strong Bones”
- “Clinically Proven to Help Improve Bone Strength in 6 Months”
- “Improves Bone Health”
FSSAI identified these claims as misleading or non-compliant with the applicable regulatory requirements.
The notice puts the focus on the wording used to communicate the product’s nutritional benefits and whether those claims meet the standards governing food labelling and advertising.
What the notices mean for Nestle India and HUL
The notices bring attention to the regulatory requirements that apply to nutrition products, including specialised dietary formulations and products promoted for specific health benefits.
Food labels, advertisements and online product listings are all relevant to how consumers understand a product and its intended benefits. The concerns raised by FSSAI cover each of these areas, from prior approval and mandatory labelling symbols to claims about birth weight and bone health.
However, the notices concern alleged violations and regulatory concerns. They should not be treated as final findings of liability against either company. The companies have been asked to respond, and further action will depend on the regulatory process and the explanations provided.
For Nestle India, the central issue is the alleged lack of prior approval for its renal nutrition powder, alongside a labelling concern. For HUL, the notices focus on the claims used to market two Horlicks nutrition products.
The matter highlights the importance of ensuring that nutrition-related claims are presented in accordance with food safety regulations, particularly when products are marketed for specialised dietary needs or specific health outcomes.
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