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Baby food law's violations abound in face of government inaction

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Violations of the Infant Milk Substitutes (IMS) Act, meant to protect breastfeeding from predatory marketing of baby food companies, have multiplied of late and activists blame this on government inaction on earlier violations.

The violations are in the form of companies sponsoring seminars and conferences by doctors as well as doctors who promote baby food through social media. The IMS Act prohibits any direct or indirect funding or sponsorship of seminars, meetings, conferences, educational courses, contests, fellowships or research work of health workers including doctors by baby food companies.

Yet, 2025 has witnessed a rash of instances of infant formula companies funding conferences and getting social media influencers, including doctors, celebrities and TikTokers to promote their products.

The Breastfeeding Promotion Network of India (BPNI), a non-profit that has been notified as one of the organisations to monitor compliance with the Act, has sent several complaints to the ministry of women and child development, since the IMS Act comes under it, and to the health ministry, since doctors are involved.

Not just doctors or health workers, the IMS Act also prohibits any person from advertising or taking part in the promotion of infant foods. However, social media influencers have been found promoting infant formula and even feeding bottles. Baby food company Danone runs Aptaclub, of which several doctors are members. A paediatrician who has started a baby food company promotes it on social media. Abbot sponsored a dieticians’ forum in Delhi and a paediatricians’ conference in a five-star hotel in Dehradun. Amul put out ads of a liquid read-to-feed infant formula. Recently, Nestle sponsored a doctors’ meeting in a five-star hotel in Gurgaon.

Nestle argued that there is no violation “as section 9 of IMS Act should be read in entirety as it is conditional to promotion/inducement for infant milk substitutes and infant food products”.

However, BPNI cites section 9 which pertains to “inducement to health workers for promoting use of infant milk substitutes etc.” pointing out that promotion is defined in the Act as direct and indirect means. Sub section 2 of section 9 states: “No producer, supplier or distributor (of infant milk substitutes or feeding bottles or infant foods), shall offer or give any contribution or pecuniary benefit to a health worker or any association of health workers, including funding of seminar, meeting, conferences, educational course, contest, fellowship, research work or sponsorship.”

“Section 9 was specifically designed to prevent any form of indirect promotion of baby food company brand names through health professionals. The principle is clear—there is no free lunch for health professionals. What transpires during or beyond these sponsored events is a matter that calls for investigation” said Dr Nupur Bidla, central coordinator, BPNI.

However, Nestle in its statement said: “We firmly reiterate that there were no conversations, discussions, or activities related to the promotion or use of infant milk substitutes or infant foods at any event. Our corporate-sponsored events for healthcare professionals, including nutritionists and dietitians, are conducted for the sole purpose of skill development and knowledge building in the digital era and are not prohibited by any law.”

The recent spate of violations by young paediatricians has pushed the Indian Academy of Paediatrics (IAP), the largest association of paediatricians in India, to issue an advisory on September 19. The advisory email from IAP secretary general Yogesh N Parikh points out that the IMS Act “prohibits any company that manufactures infant milk substitutes from sponsoring conferences.” Dr Parikh’s letter added: “IAP strongly stands against breaking the law and urges every member to abide by the law and refrain from taking part in any event or programs/ sponsorship that violates the IMS Act to ensure all laws that benefit the children in the country are appropriately followed for their safety.”

The ministries of women and child development and health did not respond to TOI’s queries. The story will be updated online if/when they respond.
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