FSSAI flags Nestle dairy product as 'unsafe' after testing sample at Delhi hotel

The Food Safety and Standards Authority of India (FSSAI) on Saturday flagged issues with Nestle's Low Fat Dairy Whitener after testing a sample of the product at a top Delhi hotel.

The sample, collected from Bharat Hotels Ltd. (The LaLiT) in New Delhi's Connaught Place, was found to "unsafe" and "substandard", as per the Food Analyst reports under the Food Safety and Standards (FSS) Act, 2006.

"Directives have been issued to immediately prohibit the sale of (the) product," the food safety regulator wrote in an X post, adding that a copy of the laboratory report was also provided to the food business operator (FBO), Nestle.

FSSAI said that Nestle will now have the opportunity to appeal against the Food Analyst's report under the FSS Act, 2006, within the prescribed time period.

Nestle responded in a statement later on Saturday, reiterating that their Low Fat Dairy Whitener is "safe to consume" and compliant with all regulations.

"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 company said in the statement.

The hotel where the FSSAI claimed its test sample of the product was collected from three months ago, The LaLiT, also issued a statement, clarifying that the food safety concern was between Nestle and the FSSAI, and that it was not involved.

The hotel's statement noted that soon after receiving word from the the food safety regulator about the Nestle product, they took up the matter with the company, "who assured us that they will respond directly to FSSAI regarding the said product".

"Simultaneously, we also immediately discontinued its use and removed all packets from its operations ... The LaLiT has acted promptly upon receiving the communication and remains committed to the highest standards of food safety protocols and strict adherence to all applicable FSSAI regulations,” said Mr Vivek Shukla, CEO, The LaLiT Suri Hospitality Group, in the statement.

Notably, this comes just weeks after it cracked down on Nestle over two of its infant nutrition products—NAN Excella Pro Stage 1 and Lactogen Pro 1.

However, this case was about the false/half-true claims that Nestle had allegedly made in their promotional material for these products, rather than issues with the their quality itself.

In the case of NAN Excella Pro Stage 1, the FSSAI on September 18 flagged claims relating to 'five HMOs' and 'whey protein'. For Lactogen Pro 1, it raised concerns over a claim that the product’s 'whey protein' was easy to digest.

At the time, it flagged both products for violating Regulation 4(2) of the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020.

This provision restricts the use of promotional claims and material to increase the saleability of infant foods.

It also alleged that Nestle had been in violation of Section 3 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, which prohibits their advertisement and promotion.

The company responded on the same day, reiterating that both the infant nutrition products were "fully compliant with all the applicable regulations", as per an ANI report.

It added that the two products had also been approved by an expert committee of the FSSAI earlier, after which it submitted a detailed notice to the regulator.

We will continue to work closely and support FSSAI in its efforts towards consumer awareness,” the Nestle statement read.