India’s food regulator, the Food Safety and Standards Authority of India (FSSAI), has issued notices to Nestlé India and Zydus Wellness Products over advertising and labelling claims involving children’s nutrition, growth, digestion and immunity. The regulator has asked the companies to provide scientific evidence supporting claims made for Complan, Lactogen Pro 1 Powder and NAN Excella Pro Stage 1.
The action places greater scrutiny on how food and nutrition brands communicate health benefits to consumers, particularly when their products are marketed for children and infants. FSSAI has questioned Complan’s “2X Faster Growth” claim and Nestlé’s statement that whey protein is easy to digest. It has also raised concerns about immunity-related claims on infant nutrition products, citing provisions of India’s food advertising and claims regulations.
Key Takeaways
- FSSAI has issued notices to Nestlé India and Zydus Wellness Products.
- Complan’s “2X Faster Growth” and “Clinically Proven 2X Growth” claims are under scrutiny.
- Nestlé has been asked to substantiate claims that whey protein is easy to digest.
- FSSAI has questioned an immunity-related claim on NAN Excella Pro Stage 1.
- The regulator has cited the Food Safety and Standards (Advertising and Claims) Regulations, 2018.
- The notices seek scientific evidence and explanations; they do not automatically establish that the products are unsafe.
Why FSSAI Is Questioning Complan’s Growth Claims
Zydus Wellness Products, the company behind Complan, received a notice over claims displayed on product packaging and online listings.
According to FSSAI, the claims included “2X Faster Growth,” “Supports Concentration and Memory” and “Pro Immunity+ 34 Vital Nutrients.” The regulator also questioned the advertising statement “Growth Comes in 4 Flavors.”
FSSAI said the claims raised concerns under the Food Safety and Standards (Advertising and Claims) Regulations, 2018. It has asked Zydus Wellness to provide scientific justification for the claims and explain why action should not be initiated under the Food Safety and Standards Act, 2006.
The wording of a growth claim is particularly important because consumers may interpret it as a measurable nutritional outcome. A statement suggesting that a drink delivers twice the growth of a comparison product or baseline needs evidence that supports the precise comparison being advertised.
That evidence would need to make the basis of the comparison clear, including what was measured, the relevant population and the conditions under which the result was obtained. A general claim that a product contains protein, vitamins or minerals does not automatically substantiate a specific promise about faster growth.
The regulator’s notice does not itself establish whether the company’s evidence is sufficient. It requires the company to respond to the concerns raised.
Nestlé’s Lactogen and NAN Excella Claims Face Scrutiny
FSSAI has also questioned claims involving two Nestlé India infant nutrition products: Lactogen Pro 1 Powder and NAN Excella Pro Stage 1.
Lactogen Pro 1: Is whey protein easy to digest?
The regulator flagged a statement describing whey protein as part of milk protein that is easy to digest.
FSSAI has asked Nestlé to provide scientific substantiation and supporting documents for this assertion. The company must respond within the stipulated period.
Whey is a protein naturally found in milk. However, the presence of an ingredient and a claim about its digestibility are different types of statements. The latter communicates a specific characteristic that consumers may use when deciding which nutrition product to buy.
The regulatory question is whether the evidence adequately supports the wording used on the product’s packaging or advertising material.
NAN Excella Pro Stage 1: Immunity-related claims
For NAN Excella Pro Stage 1, FSSAI questioned the statement “5 HMOs helps support normal immune system,” alongside a claim about the product containing whey protein.
HMOs, or human milk oligosaccharides, are complex carbohydrates found naturally in human milk. Their inclusion in a product description does not, by itself, determine whether every advertised health benefit is permitted under Indian regulations.
FSSAI said the immunity-related wording was considered non-compliant with provisions restricting claims associated with the prevention, alleviation, treatment or cure of diseases, disorders or particular physiological conditions unless specifically permitted.
The regulator has asked Nestlé to substantiate the relevant claims and explain why action should not be initiated under the food safety law.
These concerns relate to the claims and their regulatory compliance. They should not be interpreted as a finding that the products are inherently unsafe.
What Rules Govern Food Advertising in India?
The Food Safety and Standards (Advertising and Claims) Regulations, 2018, establish requirements for claims made about food products. Their purpose includes preventing advertisements and labels from misleading consumers about a product’s composition, nutritional properties or benefits.
Food companies must ensure that their claims are appropriately supported and comply with the rules applicable to the product category. Claims about health outcomes require particular care because they can influence purchasing decisions and consumer expectations.
The Food Safety and Standards Act, 2006, provides the wider legal framework under which FSSAI regulates food safety and related compliance.
| Regulatory issue | What it means |
|---|---|
| Growth claims | Specific claims about faster or improved growth need appropriate scientific support |
| Digestion claims | Statements about digestibility must be substantiated |
| Immunity claims | Wording must comply with the rules governing health-related claims |
| Advertising compliance | Packaging, advertisements and online product listings may be examined |
| Notices and responses | Companies may be required to provide evidence or explain why further action should not be taken |
A notice is an opportunity for the regulator to seek evidence and explanations. The final outcome depends on the company’s response, the applicable regulations and any subsequent regulatory decision.
What This Means for Parents and Consumers
The case highlights the importance of reading nutrition product claims carefully, particularly when products are marketed for children or infants.
Phrases such as “faster growth,” “supports memory” and “pro immunity” can sound like guaranteed outcomes. Consumers should distinguish between a product’s listed ingredients and a specific health benefit claimed by its manufacturer.
Parents should also remember that children’s growth depends on several factors, including overall diet, health, sleep, genetics and individual development. A fortified drink cannot be assumed to produce a particular growth outcome simply because it contains protein, vitamins or minerals.
Infant formula and other products intended for infants are distinct from general nutrition drinks marketed to older children. Parents should follow appropriate feeding guidance and consult a qualified healthcare professional when deciding how to feed an infant or address growth concerns.
The notices do not mean consumers should automatically discard these products. They indicate that the regulator is examining whether particular claims meet the required standards.
Potential Impact on Nestlé India and Zydus Wellness
The scrutiny could require both companies to review the wording and evidence behind their product claims. Depending on the regulatory outcome, businesses may need to submit further documentation, revise packaging or advertisements, or take other steps required by the authorities.
For nutrition brands, claims about growth, digestion and immunity can be central to product positioning. Any requirement to modify such statements could affect marketing strategies and how products are differentiated from competitors.
However, it would be premature to predict a financial impact on either company without information about any final orders, required changes or resulting commercial effects.
The wider implication is that food companies must treat scientific substantiation as an essential part of product marketing, rather than relying only on the presence of nutrients or ingredients.
The Bigger Picture
FSSAI’s action underscores a broader challenge for India’s packaged food industry: communicating nutritional benefits in ways that are clear, evidence-based and compliant with the law. Claims involving children’s growth and infant nutrition carry particular importance because families may rely on them when making decisions about products that form part of a child’s diet.
The case also highlights the difference between scientific research, ingredient information and the specific promise made in an advertisement. Even when an ingredient has recognised nutritional properties, the wording of a commercial claim must accurately reflect the evidence and comply with the applicable regulations. Effective enforcement can help improve transparency, provided regulatory concerns are assessed through the prescribed process.
FAQs
1. Why has FSSAI questioned Complan’s “2X Faster Growth” claim?
FSSAI has raised concerns about the claim under the Food Safety and Standards (Advertising and Claims) Regulations, 2018. It has asked Zydus Wellness Products to provide scientific justification and explain why further action should not be initiated.
2. Which Nestlé products are involved?
The notices concern Lactogen Pro 1 Powder and NAN Excella Pro Stage 1. The regulator questioned claims about whey protein being easy to digest and an immunity-related claim involving HMOs.
3. Does the notice mean Complan and Nestlé products are unsafe?
No. The notices concern the substantiation and regulatory compliance of specific claims. They do not, by themselves, establish that the products are unsafe.
4. What could happen next?
The companies are expected to respond within the stipulated periods and provide supporting evidence or explanations. Further action will depend on the regulator’s assessment and the applicable legal process.
5. What should parents consider when choosing nutrition products?
Parents should review ingredient and nutrition information, avoid treating advertising claims as guaranteed outcomes, and seek professional guidance for infant feeding or concerns about a child’s growth.
Looking Ahead
The next important development will be the responses from Nestlé India and Zydus Wellness Products and any subsequent decisions by FSSAI. The companies may be required to provide scientific documentation or address specific concerns about how their products are described in packaging and advertising. Until the regulator reaches a further decision, the claims remain under scrutiny rather than being subject to a final determination in this notice process.
For the wider nutrition industry, the case reinforces the need to align marketing language with credible evidence and the requirements of Indian food regulations. Consumers will be watching whether the scrutiny leads to clearer product information, while manufacturers will need to ensure that growth, digestion and immunity claims can withstand regulatory examination.
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