Provisions of the Infant Milk Substitutes, Feeding Bottles & Infant Foods

(Regulation of Production, Supply & Distribution) Act,1992, as Amended in 2003 (IMS Act)

& present status of implementation

Dr Arun Gupta MD

Member, PM’s Council on India Nutrition ChallengesCo-Chair Global Council International Baby Food Action Network(IBFAN) and

Regional Coordinator Asia

Objectives of IMS Act

1. Prohibit any kind of promotion.

2. Educate pregnant women & lactating

mothers.

3. Restrict & Control use of Infant Milk

Substitutes & Infant Foods.

4. Define roles & responsibilities of health

care institutions & health workers.

Key Provisions of the IMS Act

Section 3: Bans Promotion or Advertisements to the Public

If you come across any company or any person advertising or promoting these products in any manner, REPORT to notified agencies

Section 4: Prohibits Giving Incentives

If you come across any company offering incentives such as free samples, gifts, tied up sales, discounts etc. in any way in these products; and contacting any pregnant or lactating women, REPORT to notified agencies

If you come across any company distributing baby foods, educational materials or equipments, REPORT to notified agencies

Section 5: Restricts Donation of Products, Educational Materials or

Equipments

Section 6: Prescribes Guidelines for Labelling

If you come across any label not in accordance with the IMS Act or it has pictures of a mother or baby or any graphic material like a bird, teddy bear, cartoons etc. or bear a health claim, REPORT to notified agencies

Section 7: Ensures Accurate Information through Educational

Materials

If you come across any educational material which promotes baby foods or carries company logo or does not carry date of printing extra or caring wrong or incomplete information, REPORT to notified agencies

Section 8: Bans Promotions and Displays in Hospitals, Clinics,

Chemist Shops etc.

If you come across any promotional activities of baby food manufacturers in a hospital or a chemist shop etc., REPORT to notified agencies

Section 9: Bans Direct or Indirect Benefits to Health Workers or their

Associations

If you come across any baby food manufacturer giving benefits to health workers or their associations, REPORT to notified agencies

If you come across any baby food manufacturer giving benefits to health workers or their associations, REPORT to notified agencies

Section 10: Bans Commission on Sales

If you find any baby food company providing commission to it’s staff or indulge in educating mothers or pregnant women, REPORT to notified agencies

Violations of The Act- PenaltiesViolations of The Act- Penalties

Imprisonment: not < 6 months upto 3 years

Fine: not < Rs.2,000/- upto Rs.5,000/-

1. Breastfeeding Promotion Network of India (BPNI)

2. Association of Consumer Action on Safety and

Health (ACASH)

3. Indian Council for Child Welfare (ICCW)

4. Central Social Welfare Board (CSWB)

Where to report ViolationsWhere to report Violations

What IMS Act has achieved

and

What more needs to be done?

No Advertisement of baby foods in print mediaNo Advertisement of baby foods in print media

Here is bold and

underlined statement

from this advert to use

Cerelac during 4th month

Your baby is born with a 3-months gift of Iron

Doctors recommended Farex Baby’ s ideal solid food for

rapid all round growth

After 3 months milk alone cannot give him iron he need

Advertisements : TV / Cable / RadioAdvertisements : TV / Cable / Radio

No Advertisement of baby foods on TV

Completely Banned

since 2000

The Cable Television Networks (Regulation) Amendment Act ,2000

Free gifts to promote infant foodFree gifts to promote infant food

Farex offering baby care book

Under Control

Affirmative step by the professionals organizationsAffirmative step by the professionals organizations

No promotional activities like incentives, gifts, discounts

Scratch card is not valid for Infant milk Substitutes, Infant Food and feeding Bottles

Violation are still happening !!Violation are still happening !!

Poster with picture of mother and infant displayed in the one of the Health facility, Varanasi

Promotion in health system through display

Nestle Start Healthy and

Stay Healthy

Yours little one’s world is growing, so is her power for

protection against infections!!

Chennai, 2010

New Delhi, 2009

Kolkata, 2010 Amravati, 2011

Ranchi,2011Ferozepur,2009

Organizing seminar through NNI

Ludhiana , 2013

Reaching to mothers through pamphlets distribution in Health Centres

Heinz Baby Break Fast Creamy Oat Porridge for 4+ months Infant(http://www.firstcry.com/heinz/heinz-baby - breakfast -creamy -oat-porridge)

Promotion through E-marketing

4+ Months

Facilities/ H

ealth Claims

Easy Return Policy

Dispatched in 24 Hrs

Free shipping

Promotion of infant formula with health claims NAN PRO 1

PreBlend:-A protein blend containing whey protein. NAN Pro 1 is predominant in whey protein. Whey proteins are easy to digest. The protein content is suitably modified to reduce the overload on infant’s kidneys.

Immunonutrients:-Nutrients like Nucleotides, Zinc, Selenium, Vitamin A and C support the immune system.

Bifidogenic:-Bifidobacteria are predominant in the gut of infant fed on breast milk. NAN Pro 1 contains a combination of nutrients that support the growth of bifidobacteria. A healthy gut flora helps in supporting the immune system.

LA/ALA:-LA (omega 6 fatty acid {FA} & ALA (omega 3 FA) are precursors of ARA and DHA which are important for defense system.

Offering Discounts

http://www.firstcry.com/farlin/farlin-wide-neck-feeding-bottle/16797/product-detail

13 % Discount

10 % Discount

Labelling Violation by new Company

Graphic symbol represents mother holding her baby…alphabet “M” represent as a figure of female with open arms with big “Bindi” depicting love & care for her infant

Promoting MMS 2 and MMS3 in different graphics

Advertisement of infant food in Indian Journal of Advertisement of infant food in Indian Journal of Pediatrics, July 2013Pediatrics, July 2013

Advertisement also uses the logo of World Health Organization along with statement “Choose the Organic Advantage for the babies”.

WHO Logo

Choose the

Organic Advantage

for the babies

What Needs to be Done

Administrative action

Implement section 21(1) (b)-to authorize an officer not below the rank of a Class I, by general or special order by the government

Capacity building of stakeholdersCapacity building of stakeholders

State administrative should write similar letter to district administration

Administrative action

•District level procedures be defined to register complaints, public should be informed through advertisements.

•Guidelines should be developed to ensure that concerned persons of medical association are not supported by baby food industries and Civil Surgeons should be authorized to give a clearance for such activities.

•Medical doctors associations at district and state level should be asked to seek permission and clearance about IMS Act before any conference is organized.

•Baby food companies and their allies should not be allowed to conduct meetings, or workshops for educating medical or nursing personnel

•Regular checks on chemists shops to stop promotional practices like special displays of baby foods.

District level action to present violation of IMS Act

Awareness Generation

Place hoardings at prominent places to generate awareness about IMS Act

• Regular Monitoring of IMS Act in the state

• District Health Authorities to do regular check

• Labeling on baby food products

• Sponsorship of conference & workshop

• Prominent display of baby food products at chemist

shops

• Private & Public hospital on unnecessary use of

formula

What needs to be doneWhat needs to be done

Nestle continues to Violate !!!Nestle continues to Violate !!!

Thank You