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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