FSSAI orders halt on Nestle dairy whitener after Delhi hotel sample found unsafe

The Food Safety and Standards Authority of India (FSSAI) has directed that the sale of Nestlé’s “Low Fat Dairy Whitener” be stopped after a sample collected from a Delhi hotel was declared both “unsafe” and “substandard” following laboratory analysis.

The sample was collected from Bharat Hotels Ltd, which operates The Lalit in Connaught Place, New Delhi. The regulator said the findings indicated non-compliance with the Food Safety and Standards Act, 2006.

FSSAI has issued a notice in connection with the product and directed that its sale be prohibited immediately. The regulator has also given the food business operator an opportunity to challenge the Food Analyst’s findings within the prescribed period.

Sample collected from The Lalit sent for testing

According to FSSAI, officials collected a sample of Nestlé’s Low Fat Dairy Whitener from the premises of The Lalit and sent it for laboratory examination.

The Food Analyst subsequently classified the sample as “unsafe” and “substandard”. FSSAI said a copy of the laboratory analysis report was provided to the food business operator for reference and necessary action.

The regulator then issued a notice to Nestlé and directed that the identified product should not be sold while the matter is dealt with under the applicable provisions of the Food Safety and Standards Act, 2006.

FSSAI has said the company has the opportunity to appeal against the Food Analyst’s report within the prescribed timeframe. The latest action concerns the tested sample and does not, by itself, establish that every unit of the product is affected.

Action follows recent scrutiny of Nestlé products

The latest regulatory action comes shortly after FSSAI initiated three separate adjudication cases against Nestlé India over infant nutrition products.

One of those cases concerned a follow-up formula manufactured by Nestlé India. FSSAI said laboratory testing found the sample to be substandard with respect to its biotin content. The sample was subsequently sent to a referral laboratory for re-analysis, which also found it did not conform to the prescribed biotin requirement under the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020.

The other two cases involved promotional claims made for NAN Excella Pro Stage 1 and Lactogen Pro 1. FSSAI said claims concerning “5 HMOs” and whey protein in NAN Excella Pro Stage 1, and a claim describing whey protein in Lactogen Pro 1 as easy to digest, were in contravention of regulations governing foods for infant nutrition.

Nestlé says its products comply with regulations

Nestlé India has maintained that its products comply with applicable regulations.

In response to the September action, the company said the products and labels under scrutiny had been approved by FSSAI’s expert committee and that it had submitted a detailed response to the authorities. Nestlé also said the statements on the labels were factual and supported by scientific literature.

The September proceedings involved three separate adjudication cases, while the latest action concerns the Low Fat Dairy Whitener sample collected from The Lalit.

FSSAI continues enforcement on food safety compliance

The latest case adds to increased regulatory scrutiny of food quality, labelling and promotional practices in India. FSSAI has been using laboratory testing and adjudication proceedings to examine compliance with standards under the food safety framework.

In the dairy whitener case, the regulator has specifically described the tested sample as both unsafe and substandard and ordered immediate action to prevent its sale.