Maharashtra FDA orders stricter enforcement of law on infant formula, baby food and feeding bottles

The Maharashtra Food and Drug Administration has ordered immediate and stricter enforcement of the law governing infant milk substitutes feeding bottles and infant foods targeting promotions through hospitals doctors pharmacies medical events ecommerce platforms and social mediaThe move comes amid concerns over breastfeeding practices in the state NFHS6 data show that 528 per cent of children under six months in urban Maharashtra are exclusively breastfed compared with 752 per cent in rural areas For breastfeeding initiated within one hour of birth the corresponding figures are 510 per cent and 547 per centFDA Commissioner Tukaram Mundhe has described the gap in exclusive breastfeeding as a serious concernldquoA child under two cannot protect itself Every package of infant food sold in Maharashtra will carry the notice that motherrsquos milk is best for the baby and no one mdash no company hospital doctor or influencer mdash will be allowed to promote formula milk in violation of the lawrdquo Mundhe said in the orderWhat must appear on the packMandatory noticeldquoIMPORTANT NOTICE ndash MOTHERrsquoS MILK IS BEST FOR YOUR BABYrdquoOther labelling restrictions include No pictures of infants or women on infant milk substitute or infant food packaging No terms such as ldquoHumanisedrdquo or ldquoMaternalisedrdquo No claims such as ldquoComplete Foodrdquo or ldquoHealth Foodrdquo or similar expressions Infant food must carry the prescribed information on its use and age Complementary foods are to be introduced only after six months as specified in the applicable labelling requirementsThese restrictions are already contained in the applicable central lawWhat the FDA is targetingThe order covers the promotion and marketing of infant milk substitutes infant foods and feeding bottles through Social media and messaging platforms Ecommerce marketplaces Hospitals and nursing homes Doctors and other health workers Pharmacies Medical conferences and seminars CMECPD programmes Parenting and influencer platformsNo freebies no promotions The FDA has directed that infant milk substitutes infant foods and feeding bottles must not be promoted through Advertisements Free samples Gifts Coupons Cashback offers Discount campaigns Influencer promotions CrosspromotionThe IMS Act already prohibits advertising and promotion of these products as well as the distribution of samples gifts and other inducements The FDArsquos order seeks to enforce these provisions across newer digital and commercial channelsWhat the FDA says it foundThe administration said its inspections found infant nutrition products being promoted through Hospitals Pharmacies Medical conferences Online discounts Influencers Parenting platformsIt also flagged products sold under names such asldquoBaby cerealrdquo ldquoHealth mixrdquo ldquoStage foodrdquo ldquoNutrition powderrdquoThe order says such marketing may be used in ways that evade prescribed standardsIndustrytodoctor links under scrutinyCompanies will also not be permitted to provide financial benefits or other support to health workers hospitals nursing homes pharmacies or medical associations in connection with Conferences and seminars CMECPD programmes Fellowships Research Sponsorships Travel and hospitality Registration or speaker fees Grants and other benefitsThe law specifically prohibits producers suppliers and distributors from providing financial inducements or gifts to health workers and bars contributions or pecuniary benefits for conferences educational courses fellowships research and sponsorshipspopcorn number528 descNo of infants under six months breastfed in urban Maharashtra classDefaultWhat happens if rules are brokenViolations can result in prosecution under the IMS Act Depending on the provision violated the law provides for imprisonment that can extend to three years along with finesFood Safety Officers already have statutory powers to enter and search premises where infant milk substitutes feeding bottles or infant foods are manufactured supplied distributed or sold when there is reason to believe specified provisions have been violated