‘Misleading’ claims: Nestle India, Zydus Wellness get FSSAI notice, Pg12

Key Highlights:

• The Food Safety and Standards Authority of India (FSSAI) issued notices to Nestle India and Zydus Wellness for "misleading claims" in product advertisements.
• Nestle India was cited for claims related to whey protein digestibility in 'Lactogen Pro 1 Powder' and immune system support in 'Nan Excella Pro Stage 1'.
• Zydus Wellness received a notice for its Complan product, specifically for claims such as "2X Faster Growth" and "Pro Immunity+ 34 Vital Nutrients".
• The FSSAI has demanded scientific proof from both companies to substantiate their advertised claims.
• These actions are part of FSSAI's broader enforcement efforts to ensure compliance with food safety and labelling requirements in India.

Detailed Insights:

• The notices specifically address claims that imply disease prevention, treatment, or cure, which are generally prohibited unless explicitly permitted by regulations.
• For 'Lactogen Pro 1 Powder', FSSAI questioned the scientific basis for the claim that whey protein is "easy to digest".
• The claim "5 HMOs helps support normal immune system" for 'Nan Excella Pro Stage 1' was deemed non-compliant with provisions prohibiting disease-related claims.
• Complan's claims, including "2X Faster Growth" and "Supports Concentration and Memory", were found to be in violation of the FSS (Advertising and Claims) Regulations, 2018.
• The FSS (Advertising and Claims) Regulations, 2018 aim to ensure that all food advertising is truthful, scientifically supported, and protects consumers from deceptive practices.
• FSSAI operates under the Food Safety and Standards Act, 2006, serving as the apex body for regulating and supervising food safety and quality in India.

Key Concepts Involved:

• Food Safety and Standards Authority of India (FSSAI): An autonomous statutory body under the Ministry of Health & Family Welfare, responsible for protecting public health through food safety regulation.
• FSS (Advertising and Claims) Regulations, 2018: A statutory framework by FSSAI governing how food businesses advertise and make claims about their products, ensuring truthfulness and scientific substantiation.
• Misleading Claims: Advertisements or labels that are ambiguous, deceptive, or lack scientific evidence, potentially influencing consumer choices unfairly.