FSSAI prohibits sale of 'unsafe, substandard' Nestle Low Fat Dairy Whitener, company responds

The Food Safety and Standards Authority of India (FSSAI) has directed an immediate ban on sale of Nestle India's "low-fat dairy whitener". The food regulator called the product “unsafe and substandard” on Saturday.

A sample of "low-fat dairy whitener" manufactured by Nestle India has failed the safety test conducted by FSSAI. FSSAI said that the sample, which was collected from the premises of Hotel Lalit in Connaught Place, New Delhi, has been found "unsafe and substandard".

Nestle denied the allegations and said, “Nestlé Low Fat Dairy Whitener is safe to consume and complies with all applicable regulatory requirements. Phosphorus is a nutrient that occurs naturally in milk and is therefore present in all milk-based products.”

"FSSAI lab reports reflect total phosphorus against the additive limit, without accounting for the substantial natural phosphorus contribution from milk-based ingredients. Our product is in full compliance for added phosphorus as per prescribed limits under FSSR including for as consumed basis. We have been in continuous engagement with the authorities as per due process established under law and have shared data across other same/similar milk-based products in the category to reflect presence of naturally occurring phosphorous.” the statement from Nestle read.

Why Nestle low-fat dairy whitener is ‘unsafe’ as per FSSAI

Via a post on X, FSSAI said that the product was found "substandard" and "unsafe" as per the report of the food analyst's laboratory, violating the Food Safety and Standards (FSS) Act, 2006.

The regulator added that a copy of the laboratory analysis report was provided to the food business operator (FBO) for reference and necessary action.

A notice has been sent to Bharat Hotels Ltd over the product and its non-compliance.

Under the relevant section of the FSS Act, 2006, the FBO was eligible to appeal against the food analyst's report within a prescribed time period.

FSSAI has now directed the FBO to immediately stop the sale of the identified food product.

"A sample of Nestlé "Low Fat Dairy Whitener" collected from M/s Bharat Hotels Ltd. (The Lalit), New Delhi, has been declared UNSAFE & SUBSTANDARD by Food Analyst reports under the FSS Act 2006," read the post on social media.

FSSAI vs Nestlé India over alleged infant food violation

Previously, FSSAI had flagged Nestle India's infant nutrition products. The food regulator initiated legal action against Nestlé India Ltd in three cases over alleged promotional violations and nutritional non-compliance in its infant food portfolio.

The legal proceedings involved promotional claims for two infant formula brands, NAN Excella Pro Stage 1 and Lactogen Pro 1, as well as a follow-up formula sample that didn't meet prescribed nutritional parameters in laboratory tests.

“In NAN Excella Pro Stage 1, claims relating to ‘5 HMOs’ and ‘Whey Protein’ were observed, while in Lactogen Pro 1, a claim relating to ‘Whey Protein’ being easy to digest was observed. Accordingly, clarifications were sought from M/s Nestlé India Limited regarding the above claims,” FSSAI said.

“Both products were found to be in contravention of Regulation 4(2) of the FSS (Foods for Infant Nutrition) Regulations, 2020, which restricts promotional claims/material intended to increase the saleability of infant foods, and Section 3 of the IMS Act, 1992, which prohibits their advertisement and promotion,” FSSAI added.

However, Nestle India had maintained that it remains compliant with all applicable regulations in India.

(This article has been updated with Nestle's official statement on FSSAI action)