Nestlé India has submitted a detailed response to the Food Safety and Standards Authority of India (FSSAI) after the regulator questioned a claim that whey protein in its infant nutrition product Lactogen Pro 1 is easy to digest. The company said the product and its label comply with applicable regulations and that the claim is factual and supported by scientific literature. The response follows a fresh regulatory notice seeking evidence to substantiate the statement appearing on the product’s packaging and advertising material.
The dispute comes amid a broader FSSAI review of health, nutrition and advertising claims across the food industry. The regulator has also raised questions about claims made for Nestlé’s NAN Excella Pro Stage 1 infant formula and products from other companies. The latest notice does not, by itself, establish that Lactogen Pro 1 is unsafe or that Nestlé has been found liable for a violation. Instead, it places the scientific evidence behind the product’s marketing claim under regulatory scrutiny.
Key Takeaways
- Nestlé has responded to FSSAI: The company says it has already submitted a detailed explanation and supporting material.
- The disputed claim concerns digestion: FSSAI wants scientific evidence supporting the statement that whey protein in Lactogen Pro 1 is easy to digest.
- Nestlé says the claim is supported: The company maintains that the product and its label comply with applicable rules.
- The issue extends beyond one product: FSSAI has also questioned claims on NAN Excella Pro Stage 1.
- Regulatory action is ongoing: The notices seek explanations and evidence; they should not be treated as final findings of wrongdoing.
- Infant nutrition claims face strict scrutiny: Companies must comply with specific rules governing product labelling, advertising and the promotion of infant foods.
Why Did FSSAI Issue a Notice to Nestlé India?
FSSAI questioned a statement appearing on Lactogen Pro 1 Powder’s packaging and advertising material. The claim describes whey protein as a component of milk protein that is easy to digest.
The regulator asked Nestlé to provide scientific substantiation and relevant supporting documents within the prescribed period. It also asked the company to explain why action should not be initiated under the Food Safety and Standards Act, 2006, and applicable rules and regulations.
The issue is not simply whether whey protein is present in the product. The regulator is examining whether the specific wording used to describe digestibility is adequately supported and complies with the requirements governing claims for infant nutrition products.
Food labels and advertisements can influence purchasing decisions, particularly when products are intended for infants. Claims about digestion, immunity or other physiological benefits therefore receive regulatory attention because parents may interpret them as statements about a product’s suitability or benefits.
FSSAI’s notice is part of a wider enforcement effort involving food labels, nutritional claims and promotional practices. The outcome will depend on the company’s response and the regulator’s assessment of the evidence and applicable rules.
What Has Nestlé India Said?
Nestlé India said the latest FSSAI communication reiterates concerns raised in an earlier communication dated September 18, 2026. The company confirmed that it had already submitted a detailed response.
In its September statement, Nestlé said Lactogen Pro and NAN Excella Pro, along with their labels, had been approved by an FSSAI expert committee. It also maintained that the statements appearing on the labels were factual and supported by scientific literature.
The company said it complies with applicable regulations, including labelling and declaration requirements, and would continue cooperating with the regulator.
| Issue | FSSAI’s position | Nestlé India’s response |
|---|---|---|
| Lactogen Pro 1 digestion claim | Requested scientific evidence supporting the claim that whey protein is easy to digest | Says the claim is factual and supported by scientific literature |
| Product labelling | Is examining whether the wording complies with applicable regulations | Says the product and its label were approved by an FSSAI expert committee |
| Regulatory process | Has requested supporting documents and an explanation | Says it has submitted a detailed response and will cooperate |
Source: FSSAI communications and Nestlé India’s September 18 statement.
The company’s position and the regulator’s concerns are distinct. Previous label approval does not necessarily resolve every question about a claim under later regulatory review, and a notice does not automatically establish that the company has violated the law.
Why the Whey Protein Claim Matters
Whey protein is one of the proteins naturally found in milk. The disputed wording specifically describes it as easy to digest, making the claim about a nutritional characteristic rather than merely the presence of an ingredient.
For infant nutrition products, such statements can influence how parents compare formulas. A claim about digestibility may be understood as suggesting a benefit for an infant’s feeding experience, which is why the supporting evidence and precise wording matter.
The regulator’s request is intended to establish whether the claim can be substantiated under the relevant requirements. Scientific evidence must be considered in context, including what it demonstrates, which product or ingredient it covers, and whether it supports the wording used on the label.
The available reporting does not establish that the whey protein in Lactogen Pro 1 is inherently difficult to digest. Nor does the notice establish that the product is unsafe. It concerns the substantiation and regulatory compliance of a specific marketing claim.
FSSAI Is Also Reviewing Claims on NAN Excella Pro Stage 1
The Lactogen Pro 1 notice is not the only regulatory issue involving Nestlé’s infant nutrition products.
FSSAI has also questioned a claim on NAN Excella Pro Stage 1 stating that five human milk oligosaccharides, or HMOs, help support the normal immune system. The regulator said the wording could imply a physiological benefit that may not be permitted under the applicable regulations unless specifically authorized.
FSSAI also sought scientific substantiation for a whey protein digestibility claim observed on NAN Excella Pro Stage 1 packaging or advertising material.
| Product | Claim under scrutiny | Regulatory concern |
|---|---|---|
| Lactogen Pro 1 Powder | Whey protein is easy to digest | Scientific substantiation for the digestibility claim |
| NAN Excella Pro Stage 1 | Five HMOs help support the normal immune system | Whether the wording implies an impermissible physiological benefit |
| NAN Excella Pro Stage 1 | Whey protein is easy to digest | Scientific substantiation for the digestibility claim |
The regulator has also initiated separate proceedings concerning other issues involving Nestlé products, including a follow-up formula sample that it said did not meet the prescribed biotin requirement. That matter is distinct from the Lactogen Pro 1 labelling claim and should not be treated as evidence about the product involved in the current notice.
What Rules Govern Infant Formula Advertising in India?
Infant nutrition products are subject to specific Indian food safety and marketing requirements. These include provisions under the Food Safety and Standards Act, 2006, regulations governing foods for infant nutrition, and the Infant Milk Substitutes, Feeding Bottles and Infant Foods Act, 1992, as amended.
The rules regulate how infant foods are labelled, advertised and promoted. They also restrict certain health-related claims and promotional practices that could influence decisions about infant feeding.
These safeguards are particularly important because parents may rely on product packaging when choosing nutrition products for babies. Manufacturers must ensure that their claims are accurate, appropriately supported and consistent with the rules applicable to the product.
FSSAI’s wider enforcement activity has included scrutiny of infant formula promotions on social media and claims concerning immunity, digestion and development. The regulator has sought explanations from several companies and other parties in connection with these matters.
A notice is a procedural step that allows the regulator to seek evidence and explanations. The final outcome depends on the material submitted and the regulator’s subsequent decisions.
What the Case Means for Nestlé India
The notice adds regulatory scrutiny to Nestlé India’s infant nutrition business and could require the company to defend its labelling language with detailed scientific documentation.
If the regulator concludes that the wording does not comply with applicable requirements, the company could be required to make changes or face further proceedings under the relevant law. The precise consequences, if any, will depend on the regulator’s findings and the applicable enforcement process.
For the broader packaged food industry, the case highlights the importance of reviewing marketing language carefully. A product may contain a particular ingredient, but claims about what that ingredient does or how it affects the consumer can require separate substantiation.
Companies also need to ensure that packaging, digital listings and advertising materials use consistent and compliant wording. This is especially important for products intended for infants, where claims can carry significant weight in consumer decisions.
The Bigger Picture
The Nestlé–FSSAI dispute highlights the importance of scientific substantiation in marketing infant nutrition products. The regulator is examining whether a specific statement about whey protein digestibility is adequately supported, while Nestlé maintains that its claim is factual, scientifically supported and compliant with applicable rules. The case also forms part of a wider regulatory review of health and nutrition claims across the food industry.
The next step will be the regulator’s assessment of Nestlé’s submitted explanation and evidence. Until the process produces a final determination, the notice should not be interpreted as proof that Lactogen Pro 1 is unsafe or that the company has been found guilty of a violation. The case nevertheless underscores why manufacturers must ensure that claims on infant nutrition packaging are both scientifically defensible and compliant with the regulations governing their use.
FAQs
1. Why did FSSAI issue a notice to Nestlé India over Lactogen Pro 1?
FSSAI asked Nestlé to provide scientific evidence supporting the statement that whey protein in Lactogen Pro 1 is easy to digest. The claim appeared on the product’s packaging or advertising material.
2. How has Nestlé India responded?
Nestlé said it had submitted a detailed response to the regulator. The company maintains that its products and labels comply with applicable regulations and that the claims are supported by scientific literature.
3. Does the notice mean Lactogen Pro 1 is unsafe?
No. The notice concerns the substantiation and regulatory compliance of a specific labelling claim. It does not, by itself, establish that the product is unsafe.
4. Is FSSAI investigating other Nestlé products?
Yes. FSSAI has also questioned claims relating to human milk oligosaccharides and whey protein on NAN Excella Pro Stage 1. Other proceedings involving Nestlé products concern separate regulatory issues.
5. What happens next?
Nestlé has said it has submitted its response. FSSAI will assess the explanation and supporting evidence and determine what further action, if any, is warranted under the applicable rules.
Looking Ahead
Nestlé India’s response sets up a regulatory assessment of the scientific evidence behind its Lactogen Pro 1 digestion claim. The company says its labelling is compliant, while FSSAI has asked it to substantiate the wording under the applicable food safety framework. The regulator’s decision will determine whether the claim can remain as presented or whether further action is necessary.
For food manufacturers, the case reinforces the need to distinguish between ingredient descriptions and claims about physiological benefits. As scrutiny of infant nutrition advertising increases, companies may need to review product labels, digital listings and marketing language more carefully. The outcome will be relevant not only to Nestlé but also to other businesses making nutrition and health-related claims in India.
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