Nestle India Limited - Nestlé Ceregrow Multigrain Cereal

Recommendation: Not Upheld | Medium: Consumer Organization

The ASCI had approached the advertiser for its response in addressing the grievances of the complainant and also forwarded the details of the complaint, verbatim with a request to respond to the same. The advertiser was offered an option to seek an Informal Resolution (IR) of the complaint by modifying or withdrawing the claims in the advertisement, or alternately to substantiate the claims with supporting data. The advertiser was also offered an opportunity for a telecon with the ASCI Secretariat, which they did not avail and submitted their response. The advertiser in their response stated that the claim “One bowl of CEREGROW has 35% of daily iron” has been made in accordance with Food Safety & Standards (Claims & Advertising) Regulation, 2020 and is based on the test report of an independent laboratory notified by FSSAI and accredited by NABL. The advertisement does not undermine the importance of a balanced and healthy diet, nor does it suggest that the product is a replacement for spinach or discourage the consumption of home-cooked foods. The statement “helps bridge that doubt” is contextual and supportive, and is directly linked to the factual statement that one serving of the product provides 35% of the daily iron requirement. With respect to the claim “No Refined Sugar,” the product does not contain any refined sugar as defined under applicable FSSAI regulations. The claim “No Refined Sugar” is truthful, accurate, and fully compliant with the provisions of the Food Safety and Standards Act, 2006 and regulations framed thereunder. As claim support data, the advertiser submitted the following documents: (1) National Family Health Survey (NFHS-5) report; (2) FSSAI Notification dated 16.07.2021; (3) Indian Food Composition Tables (IFCT), 2017; (4) Dietary Guidelines for Indians, 2024; (5) Food Safety and Standards Regulations, 2011 and 2018; (6) laboratory analysis report; (7) a previous ASCI decision, (8) front and back image of product label. The advertiser’s response with the claim support data was referred to an independent technical expert of ASCI for their opinion. The expert opinion was then shared with the advertiser to allow them to make additional submissions. In response to the opinion, the advertiser stated that the advertisement did not disparage fresh vegetables or good dietary practices, and that it encouraged the consumption of a balanced diet through its communication and disclaimer recommending the product be consumed along with milk, fruits, and vegetables. The advertiser further submitted that the visuals in the advertisement suggested the importance of all food groups and that the claims relating to iron and iron delivery were supported by scientific evidence and FSSAI Regulations. The advertiser then held a zoom meeting with the ASCI Secretariat and the technical expert to discuss their submissions. The additional submissions made by the advertiser were shared with the technical expert for final opinion. The Consumer Complaints Council (CCC) viewed the YouTube advertisement (https://www.youtube.com/watch?v=N0m7lYQi5yg) considered the complaint, the advertiser’s response along with the claim support data, and the expert’s final opinion presented at the meeting. Claim - “One bowl of Ceregrow has 35% of daily iron” The CCC noted the advertiser's submission that the claim is based on the iron content provided by one serving (50g) of Nestlé Ceregrow, which contains 4 mg of iron. This is equivalent to 50% and 36.36% of the Recommended Dietary Allowance (RDA) for iron prescribed by ICMR for kids aged 1–3 years and 4–6 years respectively and the results from independent laboratory which is FSSAI notified and NABL accredited. The CCC considered the substantiation provided for the claim and noted that the iron content of the product is supported by independent laboratory analysis, while the claimed 35% of daily iron requirement is based on the applicable dietary reference values. The CCC also considered the manner in which spinach is depicted in the advertisement. The CCC was of the view that the advertisement, when read as a whole, does not communicate that spinach should be replaced by Ceregrow, but recommends consumption of the product as part of a balanced diet. The CCC further noted the disclaimer accompanying the advertisement that Ceregrow is recommended to be consumed along with a variety of other foods including milk, fruits, vegetables, and cereals etc. Based on these observations, the CCC concluded that the claim, “One bowl of Ceregrow has 35% of daily iron”, was substantiated and is not in contravention of Chapter I of the ASCI Code. This complaint was NOT UPHELD. Claim - “Imagine if little ones started asking ‘Does my food have enough iron’, you shouldn’t be left guessing. Nestlé CEREGROW helps bridge that doubt since it delivers 35% of daily iron requirement in just one bowl.” The CCC noted the advertiser's submission that the expression “helps bridge that doubt” is contextual and supportive, and is directly linked to the statement that one serving of the product provides 35% of the daily iron requirement. It suggests Nestle Ceregrow as contributory in daily iron intake and not a sole source of iron. The CCC considered whether the communication, in its overall context, creates an impression that Ceregrow is being presented as a substitute for spinach or as a preferred alternative to good dietary practices. The CCC noted that the advertisement addresses the adequacy of iron intake and presents the product as a means of contributing towards iron requirements. The CCC further noted that spinach is not disparaged in the communication and that the product is positioned as complementary to a balanced diet. Based on these observations, the CCC did not consider the claim, “Imagine if little ones started asking ‘Does my food have enough iron’, you shouldn’t be left guessing. Nestlé CEREGROW helps bridge that doubt since it delivers 35% of daily iron requirement in just one bowl”, to be objectionable. The said claim is not in contravention of Chapter I of the ASCI Code. This complaint was NOT UPHELD. Claim - “No Refined Sugar” The CCC noted the advertiser's submission that the claim refers to the absence of refined sugar as defined under the applicable FSSAI regulations. The advertiser submitted that the product does not contain any direct or indirect addition of refined sugar (sucrose) in its formulation and that the claim has been worded to convey that refined sugar, as specifically defined under the applicable regulations, is not present in the product. The total sugars present in the product are from ingredients such as milk, wheat and fruit, which are declared in the ingredient list, and that maltodextrin does not qualify as “sugar” under the Food Safety and Standards (Advertising and Claims) Regulations, 2018. The CCC considered the objection regarding the presence of sugars from fruit concentrates and maltodextrin and noted that `refined sugar’ has a specific definition under the applicable FSSAI regulations. The CCC further noted that maltodextrin is not considered as sugar under the Food Safety and Standards (Advertising and Claims) Regulations, 2018 and that the claim relates specifically to the absence of refined sugar. Based on the above assessment, the CCC concluded that the pack claim in the advertisement, “No Refined Sugar”, is not objectionable. The said claim is not in contravention of Chapter I of the ASCI Code. This complaint was NOT UPHELD.