The Food Safety and Standards Authority of India (FSSAI) has issued notices to Nestlé India Limited and Hindustan Unilever Limited. They are accused of making misleading claims about two of their products and not complying with regulations. The notice has been given to Hindustan Unilever in respect of its ‘Horlicks Mothers Plus Saffron 400 gm BIB’ product, while Nestlé India has received a notice in respect of its ‘Resource Renal Vanilla-Flavored Powder’. This powder is intended for people who have chronic kidney disease and are being treated conservatively without surgery.

Questions raised on Horlicks

In case of HUL, this notice has been issued for misleading claims on its product ‘Horlicks Women’s Plus Chocolate Nutrition Drink 400 grams’. FSSAI said claims like ‘nutrition for strong bones’, ‘clinically proven to increase bone strength in 6 months’ and ‘improves bone health’ were found to be misleading or not in accordance with applicable regulations. The ‘healthy muscles’ claim was found to be in violation of regulations governing the use of the word “healthy” in food product claims. Further, the regulator noted that the “no added sugar” claim was also considered misleading given the presence of maltodextrin in the product. The “100 percent RDA (recommended daily allowance)” claim of calcium, vitamin D and K2 was also found not to comply with applicable food safety regulations.

Notice received for Horlicks Mothers Plus Saffron

In another case related to HUL, FSSAI has also issued a notice for misleading claims made on “Horlicks Mothers Plus Saffron 400g BIB”. The regulator said claims like ‘healthy birth weight’ on product labels and ‘for healthy birth weight of baby’ in advertisements are potentially misleading and violate the FSS (Advertising and Claims) Regulations, 2018. The regulator further said that along with the name of the product on the e-commerce platform, it was also written during pregnancy. Protein for proper birth weight and DHA for brain development – no added sugar. A show cause notice has been issued to HUL and directed to reply within stipulated time. FSSAI has warned that further action will be taken if the reply is not satisfactory. FSSAI has asked HUL to respond to the notice within a stipulated time. The concerned licensing authorities and e-commerce platforms have also been requested to take necessary action.

Action on Nescafé Ready-to-Drink

Meanwhile, the regulator has issued notices to Nestlé India, Schreiber Dynamics Dairy Pvt Ltd and Lotus Dairy Products Pvt Ltd for non-compliance with regulations related to ‘Nescafe ready-to-drink’ products. It was revealed that Nestlé India is marketing and selling ‘Nescafe Intense Café’ (cappuccino Flavour), ‘Nescafe Choco Mocha’ and ‘Nescafe Chilled Latte’ on the e-commerce platform. These products were manufactured by Schreiber Dynamics Dairy and Lotus Dairy Products. Contradictions were found in the information given on the packaging of these products. The front of the pack described it as ‘Flavored Milk’, while the back described it as ‘Proprietary Food – Dairy Based Beverage’.

The regulator sought clarification

The products were also described as “coffee flavored milk” in the e-commerce listing. This created a contradiction between the product’s label and its advertising. The product description on the e-commerce platform contained claims such as “made with the goodness of flavored double toned milk”, which did not match the declared composition or range of the product. The regulator sought clarification from the company that describing the product as a ‘proprietary food’ was “incorrect”. In another case related to Nestlé India, FSSAI has issued a notice for making misleading claims about “Nestle Resource Renal Vanilla Flavor Powder”.

Approval from Food Authority is required

This product is intended for people who are undergoing treatment for ‘Chronic Kidney Disease’. It is for dietary management of specific medical conditions. To sell such products, prior approval of food authorities is required. This is mandatory under the FSS (Health Supplements, Nutraceuticals, Foods for Special Dietary Uses, Foods for Special Medical Purposes and Prebiotic and Probiotic Foods) Regulations, 2022. However, FSSAI says Nestlé India did not take the necessary prior approval, due to which the product is not compatible with the app.