5th December, 2003
Ministry of Human Resource Development  


NOTIFICATION BANNING ADVERTISEMENTS ON INFANT FOOD TO BE EFFECTIVE FROM 1ST JANUARY 2004


The Government has notified that the amendments to the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of production, Supply and Distribution) Act, 1992 would come into force from 1st January 2004. An earlier notification had made the amendments effective from 1st November this year.

Advertising for infant milk substitutes and other infant foods will be prohibited on all forms of mass media from January 1st next year. The ban on advertising of infant foods is meant to protect and promote breast-feeding. Recent findings have suggested that the infant thrives best on exclusive breast-feeding for the first six months of life and continued breast-feeding together with complementary foods for the first two years. The World Health Assembly resolution of 1994 also calls upon member states of the WHO to foster such feeding practices for infants.

The amendments also expand the purview of the Act to include diverse products being marketed as a complement to mother’s food and to include different types of people associated with marketing/representing such products.

The amendments to the Infant Milk Substitutes Act are the outcome of a long process that started with the Government constituting a Task Force for this purpose, comprising representatives from various ministries and departments of the Central Government and voluntary agencies. The National Commission for Women had also suggested modifications in the Act. Taking into consideration the recommendations of these two bodies, and difficulties being experiences in the implementation of the provisions of the Act owing to great expansion of the electronic media over the years, the Government brought out the present amendments.

The important amendments in the principal Act are:

    1. Strengthening the existing provisions on publicity and advertisement to cover recent methods of advertising and promotion like electronic transmission and audio-visual transmission.
    2. Continued breast-feeding "up to the age of two years" along with complementary food after "six months" (in place of the earlier "four months") has been incorporated in the definition of "infant food".
    3. Continued breast-feeding "up to the age of two years" has been incorporated in the definition of "infant food".
    4. To cover recent products which may attempt to get around the principal Act, "infant foods" have been brought at par with "infant milk substitutes" in so far as advertising, promotion and other regulations are concerned.
    5. Health care workers, pharmacies and drug stores and professional associations of health workers have been brought within the purview of the Act.
    6. Violations of the Rules made under the Act have also been made punishable.