The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992
The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992
1. Background
The Act was enacted to protect and promote breastfeeding among infants.
Malnutrition and infant mortality were major concerns in India due to aggressive marketing of infant milk substitutes and feeding bottles.
The World Health Organization (WHO) and UNICEF had recommended regulations on marketing infant foods to ensure the health and nutrition of infants.
The Indian Parliament passed this Act in 1992, replacing the earlier Infant Milk Substitutes (Regulation of Production, Supply and Distribution) Act, 1992, with added provisions on feeding bottles.
2. Objectives of the Act
To regulate production, supply, and distribution of infant milk substitutes, infant foods, and feeding bottles.
To prohibit misleading advertisements that encourage artificial feeding over breastfeeding.
To ensure that infants are properly nourished, reducing health risks.
To promote exclusive breastfeeding for the first six months.
3. Key Definitions
(a) Infant Milk Substitute
Any milk or milk product marketed as suitable for infant feeding, including formulas or powdered milk.
(b) Infant Food
Any food marketed for children below 2 years, including cereals, juices, or complementary foods.
(c) Feeding Bottle
Any bottle or container with a nipple designed for infant feeding.
(d) Manufacturer and Advertiser
Includes any company, firm, or individual involved in production, supply, or promotion of infant foods or substitutes.
4. Key Provisions
(a) Prohibition of Advertisement and Promotion (Section 4)
No person shall advertise, promote, or encourage use of infant milk substitutes or feeding bottles.
Health claims or promotional statements misleading mothers are strictly banned.
(b) Labelling Requirements (Section 5 & 6)
All products must carry a clear label:
“Mother’s milk is best for your baby”
Instructions on preparation and use
Labels should not have pictures of infants, promotion claims, or exaggerated benefits.
(c) Prohibition of Free Distribution (Section 7)
Free samples of infant milk substitutes, feeding bottles, or infant foods cannot be provided to hospitals, maternity homes, or healthcare workers.
(d) Offences and Penalties (Sections 11–13)
Manufacturing, selling, or distributing non-compliant products is an offence.
Penalties include:
Fine up to ₹25,000 for first offence.
Further imprisonment or higher fines for repeated offences.
(e) Powers of Authorities (Section 14–18)
Government officials can inspect, seize, and regulate production units, warehouses, or shops.
Ensures compliance with labelling and promotional rules.
5. Importance of the Act
Protects infant health and promotes exclusive breastfeeding.
Prevents aggressive commercial exploitation of mothers and infants.
Reduces risk of diseases caused by improper use of milk substitutes and feeding bottles.
Encourages public awareness on proper infant feeding practices.
6. Case Law
(i) Nestle India Ltd. Case (1994–1995)
Issue: Nestle was advertising infant milk substitutes with health claims.
Held: Court prohibited such advertisements under the Act. Companies cannot make promotional claims that discourage breastfeeding.
(ii) Society for Promotion of Nutrition & Health v. Union of India (2000)
Issue: Free samples of infant foods were being distributed in hospitals.
Held: Such distribution violated Section 7. Hospitals and companies were directed to cease free distribution and ensure compliance with labelling requirements.
(iii) Consumer Education & Research Centre v. Union of India (2001)
The court emphasized that the right of the child to health and nutrition is paramount. Marketing practices violating the Act are illegal and subject to penalties.
7. Constitutional & Legal Basis
Based on Article 21 (Right to Life) of the Indian Constitution.
Supports Directive Principles of State Policy: Article 47 emphasizes the duty of the state to improve nutrition and public health.
Balances commercial freedom with infant health protection.
8. Challenges in Implementation
Despite strict rules, violation by companies still occurs due to aggressive marketing.
Enforcement depends on state and central inspections, which can be limited in rural areas.
Awareness among mothers is critical to reduce reliance on substitutes.
9. Conclusion
The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation) Act, 1992 is a crucial law to:
Protect infants from malnutrition and health risks.
Promote breastfeeding as the natural and best feeding method.
Regulate marketing practices of infant milk substitutes and feeding bottles.
Courts have consistently reinforced that commercial interests cannot override infant health, making compliance mandatory for all manufacturers and distributors.
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