Industry Odisha Bureau, Oct 04: FSSAI classified a tested sample of Nestle India’s low-fat dairy whitener as unsafe and substandard. The company disputes the phosphorus assessment. It insists the product meets all applicable requirements.
A test becomes a dispute
A single laboratory test has opened a technical dispute over phosphorus. On one side stands the food regulator’s finding. On the other stands Nestle India’s reading of the same rules. The disagreement turns on how phosphorus in a milk-based product should be counted.
What the laboratory found
The tested sample was collected from The Lalit hotel in New Delhi. The product was Nestle India’s low-fat dairy whitener. The sample was then sent for laboratory analysis.
The food analyst’s report found it did not adhere to legal requirements. Those requirements fall under the Food Safety and Standards Act, 2006. On that basis, FSSAI classified the sample as both unsafe and substandard. Both labels carry weight within India’s food safety standards framework.
The finding applies to the tested sample. It does not, on its own, establish a verdict on every pack sold.
Phosphorus moves to the centre
Nestle’s statement points to phosphorus as the issue behind the finding. Nestle India says the nutrient occurs naturally in milk. It is therefore present in all milk-based products, the company argues.
That creates three distinct measures. Total phosphorus is everything measured in the product. Natural phosphorus is the share contributed by milk-based ingredients. Added phosphorus is the portion used as an additive. The distinction may sound technical, but it sits at the heart of the case.
Nestle challenges the method
Nestle India argues the laboratory applied the wrong comparison. According to the company, FSSAI lab reports reflect total phosphorus. That total was then set against the limit meant for additives. Nestle says this ignores the substantial natural contribution from milk ingredients. In its view, the additive limit should apply only to added phosphorus.
Company maintains compliance
Nestle India insists its low-fat dairy whitener is safe to consume. It says the product complies with all applicable regulatory requirements. The company adds that its added phosphorus is within limits prescribed under FSSR. FSSR refers to the Food Safety and Standards Regulations. Nestle says this holds even on an “as consumed” basis. These remain the company’s claims, not a regulatory conclusion.
Why the distinction matters
The dispute is not about whether phosphorus is present. Its presence in a milk-based whitener is not in question. The question is which figure should be tested against the limit. Counting only added phosphorus, Nestle says, would show compliance. On Nestle’s reading, additive limits require separating natural from added phosphorus. That question, for now, remains unresolved. The answer could shape how the finding is ultimately viewed.
Finding and defence remain apart
For now, the two positions sit side by side. FSSAI’s laboratory process classified the tested sample as unsafe and substandard. Nestle India rejects the basis of that phosphorus assessment. It maintains its whitener adheres to food safety standards. How the gap closes will depend on which reading of the rules prevails.

