FSSAI issues notices to Nestle, Abbott, three others over infant formula promotion

Food regulator FSSAI on Wednesday issued show-cause notices to Nestle India, Abbott Healthcare and three other parties over the alleged illegal advertising and promotion of infant milk substitutes through an Instagram reel posted by a social media influencer.

The Food Safety and Standards Authority of India (FSSAI) said notices had also been issued to influencer Ira Fathima, Nutricia International and Mead Johnson Nutrition (India) for alleged violations of laws governing the promotion of infant formula products.

In a social media post, the regulator said the action followed the identification of an Instagram reel featuring recommendations for five infant milk substitute products.

𝗜𝗻𝘀𝘁𝗮𝗴𝗿𝗮𝗺 𝗿𝗲𝗲𝗹 𝘂𝗻𝗱𝗲𝗿 𝘀𝗰𝗿𝘂𝘁𝗶𝗻𝘆

According to FSSAI, the reel posted by Ira Fathima, who uses the Instagram handle @ira_fathima, presented a "Top 5" list of recommended infant formula products.

The products featured in the video were Nan-Pro 1, Aptamil Premium 1, Similac Advance 1, Enfamil A+ Stage 1 and Dexolac 1.

The promotional content allegedly attributed several health and nutritional benefits to the products, including balanced nutrition, stronger immunity, brain development and easy digestion.

The regulator said such promotional claims raised concerns over compliance with restrictions on advertising and marketing infant milk substitutes.

𝗣𝗼𝘀𝘀𝗶𝗯𝗹𝗲 𝘃𝗶𝗼𝗹𝗮𝘁𝗶𝗼𝗻 𝗼𝗳 𝗶𝗻𝗳𝗮𝗻𝘁 𝗺𝗶𝗹𝗸 𝗹𝗮𝘄

FSSAI said the promotional content was alleged to violate the Infant Milk Substitutes Act, 1992, as amended in 2003.

The legislation regulates the production, supply and distribution of infant milk substitutes, feeding bottles and infant foods, while restricting their advertising and promotion.

The regulator also cited alleged non-compliance with the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020, which prescribe requirements concerning the advertising, marketing and promotion of infant nutrition products.

The notices seek explanations from the parties concerned regarding their alleged involvement in the promotional activity.

𝗙𝗶𝘃𝗲 𝗽𝗮𝗿𝘁𝗶𝗲𝘀 𝗮𝘀𝗸𝗲𝗱 𝘁𝗼 𝗿𝗲𝘀𝗽𝗼𝗻𝗱

FSSAI has directed Nestle India, Abbott Healthcare, Nutricia International, Mead Johnson Nutrition (India) and Ira Fathima to explain why action should not be initiated against them under the Food Safety and Standards Act, 2006.

The parties have been asked to submit their responses within the stipulated period from the date of issuance of the notices.

The issuance of show-cause notices does not constitute a final determination of wrongdoing, and further action will depend on the regulatory proceedings and explanations submitted by the parties.

The development comes amid increased scrutiny of advertising and promotional practices in the food sector.

Over the past six months, FSSAI has intensified enforcement action against food manufacturers and e-commerce companies over alleged regulatory violations.

The regulator has also been using social media platforms to publicly communicate its enforcement decisions and inform consumers about actions taken against non-compliant promotional practices.