Infant formula crackdown: Maharashtra FDA bans ads, freebies, social media promotions; Rs 10 lakh fine for violations

MUMBAI: The Maharashtra food and drug administration (FDA) on Tuesday issued a comprehensive compliance order for food products intended for infant nutrition, including formula milk, mandating the display of instructions such as "Mother's Milk is Best for Your Baby".

The food safety watchdog stipulated fines of up to Rs 10 lakh for violations such as misleading advertisements and substandard food.

It also prohibited advertising of formula milk and infant foods, free samples, gifts, cashback, influencer promotions and social-media promotions, news agency PTI reported.

FDA commissioner Tukaram Mundhe said the order applies to infant milk foods, follow-up formula, complementary and traditional baby foods, foods for special medical purposes and feeding bottles, covering the supply chain from manufacturers to e-commerce platforms.

"Every package must display ‘IMPORTANT NOTICE & MOTHER'S MILK IS BEST FOR YOUR BABY’ prominently on the front. Complementary foods are to be introduced only after six months. Images of infants or women are prohibited, as are terms such as ‘humanised,’ ‘maternalised,’ ‘complete food,’ and ‘health food’," Mundhe said.

The products must also include feeding instructions and state that complementary foods should be started only after six months of the baby's birth, the IAS officer said, PTI reported.

The order has come into immediate effect and applies to manufacturers, brand owners, importers, repackers, distributors, retailers, pharmacy outlets, hospital suppliers and e-commerce platforms dealing in infant formula, milk food, follow-up formula, complementary baby food, traditional food, food for special medical purposes for infants and feeding bottles.

Mundhe said infants and children below two years of age are among the most vulnerable consumers as they cannot decide for themselves what they should consume and their parents depend on product labelling and advice from healthcare professionals.

He said misleading advertising or operating without a licence could attract a fine of up to Rs 10 lakh.

The FDA chief said a fine of Rs 5 lakh could be imposed for substandard food, while misbranding of food could attract a penalty of up to Rs 3 lakh.

Advertising of formula milk and infant foods, free samples, gifts, coupons, cashback, influencer promotions and social-media promotions are completely prohibited, Mundhe said.

He also said sponsorship, hospitality, speaker fees or grants to doctors, hospitals or medical associations for conferences, seminars, CME/CPD (medical education and continuing professional development) programmes or research are prohibited.

"No person or company, hospital, doctor or influencer will be permitted to promote formula milk in violation of law," Mundhe said.

Preservatives, added colours and flavouring substances in infant food products are prohibited.

Added sucrose may be used only when necessary and within 20% of total carbohydrates, while false "no added sugar" claims are prohibited, he said.

Mundhe said hospitals and paediatricians must report suspected adverse events among infants receiving formula milk, while manufacturers must report serious adverse events within 48 hours, PTI reported.

Advertising of infant milk substitutes, infant foods or feeding bottles is prohibited through any medium, including e-commerce marketplaces and social-media messaging applications, he clarified.

Manufacturers, importers and brand owners must maintain batch-wise traceability, complaint and adverse-event systems, as well as recall capability, the FDA chief said.

In another action, the FDA seized refined soybean oil stock worth Rs 3.51 crore at Khamgaon in Buldhana district during an action against M/s Am Oels Pvt Ltd on Monday.

In another development, the state government agency seized banned gutkha worth Rs 1.26 crore after a vehicle was chased from Palghar to Kasara Ghat on the busy Mumbai-Nashik route.

(With agency inputs)