Page 1
and undermining Breastfeeding
Breaking the LawSeries 7 (2016)
Series 7 (2016)
Page 1
The Lancet Series on Breastfeeding (2016) shows
that breastfeeding reduces infant mortality and
morbidity, increases intelligent Quotient (IQ) score
and boost adult earning and prevents non-
communicable diseases (NCDs) such as obesity and
diabetes.
The series shows that increasing breastfeeding to
near-universal levels for infants and young children
could save over 800,000 children's lives a year
worldwide. For India, it means to save more
than 156,000 children's lives each year.
In addition, nearly half of all
diarrhoeal episodes and one-third of
all respiratory infections in children
could also be prevented with
increased rate of breastfeeding.
The series also highlights
association of breastfeeding with
lower rates of breast and ovarian
cancer among the mothers.
Despite strong health and economic
benefits from breastfeeding the
situation of IYCF practices in India
1,2
1,2
remains dismal. According to the Rapid Survey on
Children (2013-14) , initiation of breastfeeding with
in one hour is 44.6%, exclusive breastfeeding in
children < 6 months is 64.9%. and introduction of
complementary feeding in children 6-8 months is
50.5%. The new NFHS-4 data for 15 states shows
that 48.5% of infants initiated breastfeeding within
one hour of birth, 56% of infant under the age of six
months were exclusively breastfed and 49.6% of
children received solid or semi solid at the
age of 6-8 months. On the other hand
sales of milk formula and baby foods is
on rise. Market analysts have found
that from 2008 to 2012 sale of milk
formula in India grew from 24,428
to 27,783 tonnes.
Indian legislation, The Infant Milk
Substitutes, Feeding Bottles and
Infant foods (Regulation of
Production, Supply and
Distribution) Act 1992, and
Amendment Act 2003 (IMS Act)
prohibits all forms of direct and
3
ARE E- MARKETING COMPANIES
MAKING PROFITS AT THE COST OF
INFANT LIVES?
Page 2
Series 7 (2016)
Page 2
1. Victora CG, Bahl R, Barros AJD, et al, for The Lancet Breastfeeding Series Group. Breastfeeding in the 21st century: epidemiology, mechanisms, and lifelong effect. The
Lancet 2016; 387: 387: 475-90
2. Rollins NC, Bhandari N, Hajeebhoy N, et al, on behalf of the The Lancet Breastfeeding Series Group. Why invest and what it will take to improve breastfeeding practices ?
Lancet 2016; 387: 491-504
3. http://wcd.nic.in/issnip/National_Fact%20sheet_RSOC%20_02-07-2015.pdf
4. http://www.statista.com/topics/2157/internet-usage-in-india/
5. http://www.business-standard.com/article/companies/indian-e-commerce-to-hit-100-bn-value-by-2019-assocham-114122700409_1.html
6. http://www.bpni.org/IMS-ACT/BTL-Series-5-2013.pdf
7. http://bpni.org/heinz-nestle-abbott-breaking-the-law-misleading-mothers-31st-july-2013
indirect promotion and advertisement of infant milk
substitutes, feeding bottles and infant foods. The Act
also prohibits providing sponsorships, gifts,
fellowship and any pecuniary benefits to health care
providers and their association. The enactment of
the IMS Act has restricted promotional activities of
formula manufacturers to public through print and
electronic media. However, examples of promotion
and advertisement through e-marketing websites are
increasingly coming to notice.
With increasing penetration of internet and
launching of E-marketing portals, people are finding
online purchase of consumer products very
convenient. According to available data, in the year
2014 India was the third-largest online market with
more than 198 million internet users. According to
a report, around 65 million consumers in India used
online marketing in 2015, as against around 40
million in 2014. The report further states that about
52 per cent of customers purchased online rather
than in stores because online retailers offered better
deals.
E-marketing websites are increasingly being used by
formula and infant food as well as feeding bottle
companies to sale their products.
4
5
BPNI published a “Breaking the Law” (BTL) series in
2013 wherein violations of the IMS Act by the baby
food companies by advertising and promoting infant
milk substitutes, feeding bottles and infant foods by
offering discounts and health claims were reported.
Further to it, a media events to disseminate this
information was organised, which received wide
converge in international and national media.
The present report is developed with internet search
done after a gap of two years from the earlier
exercise in 2013 to check whether these e-marketing
sites are still violating the provisions of the IMS Act.
It was observed that manufacturers of infant food
products and e-marketing portals are still violating
the IMS Act by putting up advertisements with
attractive photographs of the products and offering
discounts and other incentives. This BTL-7 contains
several such examples along with a brief analysis of
the sections of IMS Act being violated.
In view of such widespread violations, there is a
need for the Government of India to take note and
take necessary legal actions against the defaulters.
National Coordinator, BPNI
6
7
Dr. J.P. Dadhich
Page 3
Series 7 (2016)
Page 3
Example-1
www.discountkart.com
Example-1
When Observed 8.12.2015
Where Observed (URL) http://www.discountkart.com/baby-care-products-nestle-brand.htm
Product Name Cerelac and Lactogen ( Infant formula and follow up formula) manufactured by Nestle
Type of Product Infant formula and follow up formula ( for difference age group of children)
Type of Violation�
�
Advertisement and promotion of Nestle Cerelac & Lactogen with discounts
Advertisement with attractive graphics and pictures
Violation of IMS Act
SectionsThis is a violation of following sections of IMS Act-
“advertise, or take part in the publication of
any advertisement, for the distribution, sale or supply of infant milk substitutes, feeding bottles or
infant foods.”
“take part in the promotion of infant milk
substitutes, feeding bottles or infant foods.”
“offer inducement of any other kind, for the
purpose of promoting the use or sale of infant milk substitutes or feeding bottles or infant foods.”
“have pictures or other graphics materials or phrases designed to
increase the saleability of infant milk substitute”
Section 3 (a) of IMS Act which says, No person shall
Section 3 (c) of IMS Act which says, No person shall
Section 4 (c) of IMS Act which says, No person shall
Section 6 (2) of IMS Act which says,
-
-
No containers or label referred to in sub-section (1) relating to
infant milk substitute shall- 6 (2b)
www.discountkart.com
Nestle Cerelac & Lactogen
promotes
with numerous discounts
Following text contains eighteen examples of violations of the IMS Act by E-marketing portals
and baby food manufactures. Each example is analyzed with details like when and where the
violation was observed (giving URL of the website), name of the company, name of the
product, types of the product, type of violations along with the section of the IMS Act violated.
Name of the e-marketing
company
VIOLATIO
N
Page 4
Series 7 (2016)
Page 4
www.ebaby.in Heinz Fruit & Yogurt Cereal breakfastpromotes the
combo pack for 4+ months infants with discount
Example-2
Example-3
www.ebaby.in Heinz Sunrise Banana Porridgepromotes the
for 4+ months infants with 10% discount
Combo Pack save Rs 48
10% off
VIOLATIO
N
VIOLATIO
N
Page 5
Series 7 (2016)
Page 5
Example-4
Name of the e-marketing
company
ebaby.in
Example-2,3,4
When Observed 28.10.2015
Where Observed (URL) http://www.ebay.in/itm/252225268316
http://www.ebay.in/itm/252077956083
Product Name Heinz Fruit & Yogurt Cereal breakfast
Sunrise Banana Porridge (4M+)
Heinz Oat & Banana Multigrain (7M+)
Type of Product Infant foods manufactured by Heinz
Type of Violation�
�
Advertisement and promotion of Heinz infant foods with combo pack, discounts, colourful
graphics & pictures
Promotion with misleading information (Heinz Cereals for 4+ of infant)
Violation of IMS Act
SectionsThis is a violation of following sections of IMS Act-
“advertise, or take part in the publication of
any advertisement, for the distribution, sale or supply of infant milk substitutes, feeding bottles or
infant foods.”
“take part in the promotion of infant milk
substitutes, feeding bottles or infant foods.”
“offer inducement of any other kind, for the
purpose of promoting the use or sale of infant milk substitutes or feeding bottles or infant foods.”
“have pictures or other graphics materials or phrases designed to
increase the saleability of infant milk substitute”
Section 3 (a) of IMS Act which says, No person shall
Section 3 (c) of IMS Act which says, No person shall
Section 4 (c) of IMS Act which says, No person shall
Section 6 (2) of IMS Act which says,
-
-
No containers or label referred to in sub-section (1) relating to
infant milk substitute shall- 6 (2b)
www.ebaby.in
HEINZ Oat & Banana
Multigrain
promotes
for 7 months infants
with 10% discount10% off
VIOLATIO
N
Page 6
Series 7 (2016)
Page 6
www.ebaby.in
Dr Browns Natural Flow Feeding Bottles
offers 10% discount on
Example-5
Name of the e-marketing
company
ebaby.in
Example-5
When Observed 28.10.2015
Where Observed (URL) http://www.ebay.in/itm/252077955467
Product Name Dr Browns Natural Flow Feeding Bottle manufactured by Dr Browns
Type of Product Feeding Bottle
Type of Violation Advertisement and promotion of feeding bottle with discount
Violation of IMS Act
SectionsThis is a violation of following sections of IMS Act-
“advertise, or take part in the publication of
any advertisement, for the distribution, sale or supply of infant milk substitutes, feeding bottles or
infant foods.”
“take part in the promotion of infant milk
substitutes, feeding bottles or infant foods.”
“offer inducement of any other kind, for the
purpose of promoting the use or sale of infant milk substitutes or feeding bottles or infant foods.”
Section 3 (a) of IMS Act which says, No person shall
Section 3 (c) of IMS Act which says, No person shall
Section 4 (c) of IMS Act which says, No person shall
-
-
10% off
VIOLATIO
N
Page 7
Series 7 (2016)
Page 7
www.amazon.com
Enfamil A+
Stage 1
Infant
Formula
offers Rs 1
discount on
Example-6
Name of the e-marketing
company
amazon.com
Example-6
When Observed 6.1.2016
Where Observed (URL) http://www.amazon.in/Enfamil-Stage-Infant-Formula-
months/dp/B00IMYA8BW/ref=sr_1_fkmr0_1?s=baby&ie=UTF8&qid=1452076095&sr=1-1-
fkmr0&keywords=MMS+Infant+formula
Product Name Enfamil A+ Stage 1 manufactured by Mead Johnson
Type of Product Infant formula
Type of Violation Advertisement and promotion of Enfamil A+ Stage 1 with discount
Violation of IMS Act
SectionsThis is a violation of following sections of IMS Act-
“advertise, or take part in the publication of
any advertisement, for the distribution, sale or supply of infant milk substitutes, feeding bottles or
infant foods.”
“take part in the promotion of infant milk
substitutes, feeding bottles or infant foods.”
“offer inducement of any other kind, for the
purpose of promoting the use or sale of infant milk substitutes or feeding bottles or infant foods.”
Section 3 (a) of IMS Act which says, No person shall
Section 3 (c) of IMS Act which says, No person shall
Section 4 (c) of IMS Act which says, No person shall
-
-
Save Rs 1
VIOLATIO
N
Page 8
Series 7 (2016)
Page 8
www.amazon.com
Medela
Breastmilk
Bottles
offers 15%
discount on
Example-7
Name of the e-marketing
company
amazon.com
Example-7
When Observed 6.1.2016
Where Observed
(URL)
http://www.amazon.in/Medela-Breastmilk-Bottles-150ml-
pcs/dp/B000NC6HM0/ref=sr_1_119?s=baby&ie=UTF8&qid=1452076704&sr=1-119
Product Name Medela Breastmilk Bottles manufactured by Medela
Type of Product Feeding bottle
Type of Violation Advertisement and promotion of feeding bottles with discount
Violation of IMS Act
SectionsThis is a violation of following sections of IMS Act-
“advertise, or take part in the publication of
any advertisement, for the distribution, sale or supply of infant milk substitutes, feeding bottles or
infant foods.”
“take part in the promotion of infant milk
substitutes, feeding bottles or infant foods.”
“offer inducement of any other kind, for the
purpose of promoting the use or sale of infant milk substitutes or feeding bottles or infant foods.”
Section 3 (a) of IMS Act which says, No person shall
Section 3 (c) of IMS Act which says, No person shall
Section 4 (c) of IMS Act which says, No person shall
-
-
15% off
VIOLATIO
N
Page 9
Series 7 (2016)
Page 9
www.angooor.com offer 5%
discount on feeding bottle
Example-9
Name of the e-marketing
company
https://www.angooor.com/
Example-8 & 9
When Observed 5.1.2016
Where Observed (URL) https://www.angooor.com/maternity-infant-care/food-feeding/feeding-bottles/nursing-bottle-
glass-160-ml-pigeon
Https://www.angooor.com/maternity-infant-care/food-feeding/feeding-bottles
Product Name Pigeon feeding bottle manufactured by Pigeon
Type of Product Feeding bottle
Type of Violation Advertisement and Promotion of feeding bottle with discounts
Violation of IMS Act
SectionsThis is a violation of following sections of IMS Act-
“advertise, or take part in the publication of
any advertisement, for the distribution, sale or supply of infant milk substitutes, feeding bottles or
infant foods.”
“take part in the promotion of infant milk
substitutes, feeding bottles or infant foods.”
“offer inducement of any other kind, for the
purpose of promoting the use or sale of infant milk substitutes or feeding bottles or infant foods.”
Section 3 (a) of IMS Act which says, No person shall
Section 3 (c) of IMS Act which says, No person shall
Section 4 (c) of IMS Act which says, No person shall
-
-
www.angooor.com offer
discounts on feeding bottles
Example-8
Save 5%VIOLATIO
N
VIOLATIO
N
Page 10
Series 7 (2016)
Page 10
www.junglee.com
Nestle
nanpro
stage2
offers 1%
discount on
Example-10
Name of the e-marketing
company
www.junglee.com
Example-10
When Observed 5.1.2016
Where Observed
(URL)
Http://www.junglee.com/Nestle-nanpro-stage2-400-
gms/dp/B00NBT624U/ref=lp_4733288031_1_1?s=grocery&ie=UTF8&qid=1451988787&sr=1-1
Product Name Nan pro stage 2 manufactured by Nestle
Type of Product Infant formula
Type of Violation Advertisement and Promotion of infant formula with discount
Violation of IMS Act
SectionsThis is a violation of following sections of IMS Act-
“advertise, or take part in the publication of
any advertisement, for the distribution, sale or supply of infant milk substitutes, feeding bottles or
infant foods.”
“take part in the promotion of infant milk
substitutes, feeding bottles or infant foods.”
“offer inducement of any other kind, for the
purpose of promoting the use or sale of infant milk substitutes or feeding bottles or infant foods.”
Section 3 (a) of IMS Act which says, No person shall
Section 3 (c) of IMS Act which says, No person shall
Section 4 (c) of IMS Act which says, No person shall
-
-
1% off
VIOLATIO
N
Page 11
Series 7 (2016)
Page 11
www.junglee.com
Dr. Brown's 2-
Pack BPA FREE
Polypropylene
Bottles
offer 37%
discount on
Example-11
Name of the e-marketing
company
www.junglee.com
Example-11
When Observed 5.1.2016
Where Observed
(URL)
http://www.junglee.com/Dr-Browns-2-Pack-Polypropylene-
Bottles/dp/B004YQLMGW/ref=lp_793630031_1_45?s=baby-
products&ie=UTF8&qid=1449647922&sr=1-45
Product Name Dr. Brown's feeding bottle manufactured by Dr. Brown's
Type of Product Feeding bottle
Type of Violation Advertisement and Promotion of feeding bottle with discount
Violation of IMS Act
SectionsThis is a violation of following sections of IMS Act-
“advertise, or take part in the publication of
any advertisement, for the distribution, sale or supply of infant milk substitutes, feeding bottles or
infant foods.”
“take part in the promotion of infant milk
substitutes, feeding bottles or infant foods.”
“offer inducement of any other kind, for the
purpose of promoting the use or sale of infant milk substitutes or feeding bottles or infant foods.”
Section 3 (a) of IMS Act which says, No person shall
Section 3 (c) of IMS Act which says, No person shall
Section 4 (c) of IMS Act which says, No person shall
-
-
37% off
VIOLATIO
N
Page 12
Series 7 (2016)
Page 12
www.bigbasket.com
Heinz Smooth - Baby Rice First
Foods
offer 5% discount
on
for 4+ months infants
Example-13
www.bigbasket.com
“Heinz Breakfast Cereal -
Fruit & Yoghurt”
offer 25%
discount on
for 4+ months infants
Example-12
Save 5%
Name of the e-marketing
company
www.bigbasket.com
Example-12 & 13
When Observed 5.1.2016
Where Observed (URL) http://www.bigbasket.com/pd/40022860/heinz-smooth-baby-rice-first-foods-4-months-100-g/
http://www.bigbasket.com/pd/40022813/heinz-breakfast-cereal-fruit-yoghurt-4-months-125-gm-carton/
Product Name Heinz Smooth - Baby Rice First Foods (4+ Months) manufactured by Heinz
Heinz Breakfast Cereal - Fruit & Yoghurt (4+ Months) manufactured by Heinz
Type of Product Infant food
Type of Violation�
�
�
Advertisement and promotion of Heinz Smooth - Baby Rice First Foods and Heinz Breakfast
Cereal - Fruit & Yoghurt with discount
Promotion with misleading information ( Heinz Cereals for 4+ of infant)
Advertisement with attractive graphics and pictures
Violation of IMS Act
SectionsThis is a violation of following sections of IMS Act-
“advertise, or take part in the publication of
any advertisement, for the distribution, sale or supply of infant milk substitutes, feeding bottles or
infant foods.”
“take part in the promotion of infant milk
substitutes, feeding bottles or infant foods.”
“offer inducement of any other kind, for the
purpose of promoting the use or sale of infant milk substitutes or feeding bottles or infant foods.”
“have pictures or other graphics materials or phrases designed to
increase the saleability of infant milk substitute”
Section 3 (a) of IMS Act which says, No person shall
Section 3 (c) of IMS Act which says, No person shall
Section 4 (c) of IMS Act which says, No person shall
Section 6 (2) of IMS Act which says,
-
-
No containers or label referred to in sub-section (1) relating to
infant milk substitute shall- 6 (2b)
Save 25%
VIOLATIO
N
VIOLATIO
N
Page 13
Series 7 (2016)
Page 13
Name of the e-marketing
company
www.hopscotch.in
Example-14 & 15
When Observed 5.1.2016
Where Observed (URL) http://www.hopscotch.in/product/50367/baby+coos?addFromDetail=Search_PLP&productPositio
n=3
http://www.hopscotch.in/productsSearch?pageNo=1&keyWord=baby+coos+feeding+bottle
Product Name Baby Coo's Feeding bottle manufacture by Baby Coo’s
Type of Product Feeding bottles
Type of Violation Promotion of feeding bottles with discounts
Violation of IMS Act
SectionsThis is a violation of following sections of IMS Act-
“advertise, or take part in the publication of
any advertisement, for the distribution, sale or supply of infant milk substitutes, feeding bottles or
infant foods.”
“take part in the promotion of infant milk
substitutes, feeding bottles or infant foods.”
“offer inducement of any other kind, for the
purpose of promoting the use or sale of infant milk substitutes or feeding bottles or infant foods.”
Section 3 (a) of IMS Act which says, No person shall
Section 3 (c) of IMS Act which says, No person shall
Section 4 (c) of IMS Act which says, No person shall
-
-
www.hopscotch.in
Baby Coo’s
feeding bottle
offers
Rs. 38 discount on
Example-15
www.hopscotch.in
Baby Coo’s feeding bottles
offers numerous discounts on
Example-14
Save Rs 38
VIOLATIO
N
VIOLATIO
N
Page 14
Series 7 (2016)
Page 14
www.redlily.com
Farlin Wide Neck
Feeding Bottle
offers 10%
discount on
Example-17
www.redlily.com
Avent Teat
offers 10%
discount on
Example-16
10% off 10% off
Name of the e-marketing
company
www.redlily.com
Example-16 & 17
When Observed 5.1.2016
Where Observed
(URL)
http://www.redlily.com/toys-kids-baby/feeding-soothing/feeding-bottle/farlin-wide-neck-
feeding-bottle-200-cc-blue
Http://www.redlily.com/toys-kids-baby/feeding-soothing/bottle-nipples-teats/avent-teat-
medium-flow-3-hole-2pc-pk
Product Name Farlin Wide Neck Feeding Bottle and AVENT Teat manufactured by Farlin & AVENT
Type of Product Feeding bottle and teat
Type of Violation Advertisement and promotion of feeding bottle and teat with discount
Violation of IMS Act
SectionsThis is a violation of following sections of IMS Act-
“advertise, or take part in the publication of
any advertisement, for the distribution, sale or supply of infant milk substitutes, feeding bottles or
infant foods.”
“take part in the promotion of infant milk
substitutes, feeding bottles or infant foods.”
“offer inducement of any other kind, for the
purpose of promoting the use or sale of infant milk substitutes or feeding bottles or infant foods.”
Section 3 (a) of IMS Act which says, No person shall
Section 3 (c) of IMS Act which says, No person shall
Section 4 (c) of IMS Act which says, No person shall
-
-
VIOLATIO
N
VIOLATIO
N
Page 15
Series 7 (2016)
Page 16
www.infibeam.com
Fisher Price
Feeding Bottle
offers
10% discount on
Example-19
www.infibeam.com
Pura Natural
Vent nipples
offers
15% discount on
Example-18
10% off15% off
Name of the e-marketing
company
www.infibeam.com
Example-18 & 19
When Observed 5.1.2016
Where Observed
(URL)
http://www.infibeam.com/Baby/fisher-price-60ml-bottle-with-transparent-hood-cap/P-affi-
73982449145-cat-z.html#variantId=P-affi-73982449145
http://www.infibeam.com/Baby/pura-pura-natural-vent-nipples/P-affi-71913103483-cat-z.html
Product Name Fisher price bottle and Pura natural vent nipples manufactured by Fisher and Pura
Type of Product Feeding bottle & Nipple
Type of Violation Promotion of feeding bottle and nipple with discount
Violation of IMS Act
SectionsThis is a violation of following sections of IMS Act-
“advertise, or take part in the publication of
any advertisement, for the distribution, sale or supply of infant milk substitutes, feeding bottles or
infant foods.”
“take part in the promotion of infant milk
substitutes, feeding bottles or infant foods.”
“offer inducement of any other kind, for the
purpose of promoting the use or sale of infant milk substitutes or feeding bottles or infant foods.”
Section 3 (a) of IMS Act which says, No person shall
Section 3 (c) of IMS Act which says, No person shall
Section 4 (c) of IMS Act which says, No person shall
-
-
VIOLATIO
N
VIOLATIO
N
Page 16
Series 7 (2016)
Page 16
Breastfeeding Promotion Network of IndiaAddress:Tel: Fax:e-mail:Website:
BP-33, Pitampura, Delhi-110 03491-11-27343608, 42683059. 91-11-27343606
[email protected] , [email protected]
Issued in public interest by:Compiled and Edited by
Reviewed by
Designed by
Dr. Neelima Thakur
Dr. J.P. Dadhich, Dr. Shoba Suri & Nupur Bidla
Amit Dahiya
BPNI is a registered, independent, non-profit, national organisation that works towards protecting, promoting and supporting breastfeeding and appropriate complementary
feeding of infants and young children. BPNI works through advocacy, social mobilization, information sharing, education, research, training and monitoring the company
compliance with the IMS Act. BPNI is the Regional Focal Point for South Asia for the World Alliance for Breastfeeding Action (WABA) and Regional Coordinating Office for
International Baby Food Action Network (IBFAN) Asia
BPNI follows clear ethical and funding policies that do not lead to any conflicts of interest. BPNI does not accept funds or sponsorship of any kind from the companies producing
infant milk substitutes, feeding bottles, related equipment,or infant foods (cereal foods) or from those who have been ever found to violate the IMS Act or the International Code of
Marketing of Breastmilk Substitutes.
This BTL-7 has been produced by the Breastfeeding Promotion Network of India (BPNI) with the support of the Swedish International Development Cooperation Agency (Sida).
Information Sheet No. 31 (February 2016)
