FSSAI seeks reply from HUL on Horlicks: Nestle’s product was being sold without approval, license of Bala Ji Food suspended


The apex regulator has taken a very strict stance regarding food safety and misleading advertisements in the country’s FMCG and packaged food market. The Food Safety and Standards Authority of India (FSSAI) has issued show cause notices to two of the country’s largest multinational companies—Hindustan Unilever Limited (HUL) and Nestlé India—for making misleading health claims on their key products and ignoring mandatory regulatory approvals. Along with this, the manufacturing license of M/s Bala Ji Food Products, a company that ignored the strict standards of food safety and hygiene, has been suspended with immediate effect. This big step by the regulator has created a stir in the entire packaged food, health supplement and nutrition industry.

The notice issued by FSSAI to Hindustan Unilever Limited is related to its popular health drink ‘Horlicks Mother’s Plus Kesar 400g’. The regulator found in its investigation that unverified and highly misleading health claims were being made on e-commerce platforms and product packaging. Claims like ‘Protein for optimal birth weight during pregnancy and breastfeeding and DHA for brain development’ were prominently displayed along with the product name and description. Additionally, the term ‘Healthy Muscles’ was used in the advertisements, which is in direct breach of the statutory use of the word ‘Healthy’ under the Food Safety and Standards (Advertising and Claims) Regulations. FSSAI has issued strict instructions to HUL to explain within the stipulated time frame why punitive legal action should not be taken against it for misleading consumers through these unsubstantiated claims.

On the other hand, Nestle India, one of the world’s largest food companies, has also come under the strict radar of FSSAI. Nestle India has been issued a notice regarding its nutrition supplement ‘Nestle Resource Renal Vanilla Flavored Powder’. This product was being sold in the market mainly for dietary management of patients suffering from Chronic Kidney Disease (CKD). The investigation revealed that Nestle had not completed the process of obtaining mandatory prior approval and specific labeling clearance from the regulator to launch a food product for special medical purposes (FSMP) in the Indian market. FSSAI clarified that in the absence of mandatory regulatory approval, this product falls in the category of non-compliant, which may pose a health risk to patients with sensitive diseases like kidney.

Along with serving notices to big brands, FSSAI has also taken direct action against food traders violating food safety rules at the ground level. The regulator has suspended the food licenses of M/s Bala Ji Food Products and M/s Sukhdarshan Pharma with immediate effect due to serious safety violations, unhygienic conditions and disregard for standards. Bala Ji Food Products has been directed to stop all production, packaging, storage and distribution activities at its unit with immediate effect. If the company is found manufacturing or selling any product without license restoration, a criminal case will be filed against the concerned promoters.

In view of the huge demand for food products during the festive season, the regulator has intensified monitoring at the nationwide level. While in the recent past, legal cases have been approved against Surya Food & Agro over the use of animal feed bran in Priagold biscuits, Dodla Dairy over substandard milk and UEIR Organic over pesticide residues, now the action against international brands like Horlicks and Nestle has sent a clear message that no company is above the law when it comes to regulations. FSSAI has also issued a strict warning to all e-commerce platforms (Blinkit, Zepto, Flipkart, BigBasket) to immediately remove from their portals all misleading claims of health drinks and supplements which do not have scientific certification or valid labeling approval.

Conscious citizens living in any city of the country including the capital Lucknow, Kanpur, Delhi-NCR should be extra cautious while purchasing health supplements or canned food products:

  • Don’t be fooled by misleading claims: Do not consider claims like ‘Super Health’, ‘Miracle Growth’ or ‘Quick Recovery’ written on any powder, drink or food as the ultimate truth.

  • Check FSSAI Approval and Category Code: Always consult a doctor before purchasing specific nutritional supplements for serious health conditions (such as diabetes or kidney disease) and check that the product carries a valid FSSAI license number and category.

  • Where to lodge a complaint: If you notice a discrepancy in a brand’s packaging claims or have doubts about the quality of the product, use FSSAI’s official app ‘Food Safety Connect’ (Food Safety Connect App) But immediately lodge an online complaint so that the lab test of the concerned batch can be done.