Professional Documents
Culture Documents
BPNI WBW Action Folder 2006 - 0
BPNI WBW Action Folder 2006 - 0
BPNI WBW Action Folder 2006 - 0
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. Prohibit any kind of promotion of infant milk substitutes, feeding bottles and infant foods to protect
What is
Banned
under the IMSAct?
Based on an analysis of the IMS Amendment Act, 2003, a simple interpretation of important
.,
provisions is provided below.
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1. All forms of promotion of baby foods by
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manufacturers for babies under two years of age :5.
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"Promotion means using any
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direct or indirect method of
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encouraging a person to .~-.
purchase or use these products':
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Often companies promote their
products directly to the families
or through doctors or health
workers in the healthcare
systeme.g.,a doctor TheActhans all advertisements by companies through
prescribing theseproducts . Print Media - e.g. newspapers, magazines,
without assessingthe need of billboards,pamphletsetc.
introduction. '. ~fettr6hicMedia- e.g.television, cable televisIon,
SMS,radio etc. or any other method I
ifTfeACilJans
commercialpromotionoib~~?ftt8m'r6r-11
consumptionof childrenunderthe ageof two Y.:'~~1i
3. Gifts and free samples to mothers and health
care providers
Another way of influencing the minds of mothers is by
2. Alladvertisementsinanymedia providing gifts and free samples to mothers and
healthcare providers, use of tied sales by providing free
Advertisement of products is the most common way of
consumer products like soap/bowls with infant milk
marketing and it includes print media, electronic media
substitutes, feeding bottles and infant foods. Such
or any other media. These advertisements often carry
inducements undermine breastfeeding and create new
emotional proverbs and the mothers are carried away
customers for the industry.
with them.
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idealize their products. Pictures of healthy babies or such
graphics catch the attention of the mothers and families.
This also overshadows the factual information contained
on the labels for the benefit of the mother and the family.
ictures of an infant or a
the label of these products.
;.ving commission to
ales of its products.
14J
Penalties
The Act controlstlw marketing artd.pr°l'l1otionaI
According to the Act, any person who contravenes Section 6 of this
activities of thefoHQ}Vingp~odu~ts:
Act with regard to the label on the containers of the infant milk
substitutes or infant foods or Section 11(1) and rules made under
1. Infant milk substitutes,
the Act, on the quality of infant milk substitutes, feeding bottles or
food being marketed infant foods, shall be punishable with imprisonment and fine. The
mother's milk upto imprisonment shall not be less than 6 months, which may extend
Therefore the said up to 3 years and the fine shall not be less than 2,000 rupees.
promote breastfeed Any person who violates the provisions of the sections
beyond. Examples: 3,4,5,7,8,9,10 and subsection (2) of section 11 and the rules made
Nestogen-II, Lac, under section 26 of the Act, shall be punishable with
Dexolac,proSoyal, imprisonment for a term which may extend to three years or with
Neosure or any other a fine which may extend to five thousand rupees or both.
formula. The court may for any adequate and special reason reduce
2. FeedingBottiesofanybrandlikeBonny the fine and punishment to a minimum of 3 months of
Baby, Hello Baby, Wipro imprisonment, which may be extended up to 2 years. The
brand. minimum fine shall be 1,000rupees.
3. Infant food, includes
marketed for use after as a
Where to report
Under the Section 21 of the Act, the following voluntary
exclusive breastfeeding organizations have been notified as monitoring agencies by the
first sixmonths. Example:Nestum, Central Government to make complaints to the court of law
Cerelac, Farex, Weano, throughout India. Complaints should be sent regarding the
Infacare, First Food, violations under the Act to any of the following:
Easum, any health drinks 1. Breastfeeding Promotion Network of India (BPNI)
other food products promoted for BP-33 Pitampura, Delhi 110088,
the consumption ofbabiesu:{lderthe age oftWoyears. Tel:011-27343608, Fax: 011-27343606
Email: bpni@bpnLorg, Website: www.bpnLorg
Report any violation at this URL-
http://www.bpnLorg/cgil/imswhat.asp
2.Association of Consumer Action on Safety and Health (ACASH)
Room No. 21, Lawyer's Chambers,
R.S.Sapra Marg, Mumbai 400002
Section3: Tel:022-23886556, 022-23887354, Fax: 022-23887340,
Bans promotion or
Email: acashorg@vsnl.com
public
Section4: 3. Indian Council for Child Welfare
Section 5: Restricts 4, Deen Dayal Upadhyay Marg, New Delhi 110002,
Tel:011-23239539,23232427,23236616
4. Central Social Welfare Board
Section 6:
Section 7: Ensures Samaj Kalyan Bhawan, B-12 Tara Crescent,
Institutional Area South of lIT,New Delhi 110016,
educationalmaterials
Tel:011-26960059, 26960060
Section 8: Bans
Email: info_cswb@cswb.org, Website: www.cswb.org
Section 9: or
Protecting Mothers and Children- Law to Protect, Promote and Support Breastfeeding - Information Sheet No.2
(http://www.bpnLorg/ cgi/protectingsheet2. pdf)
Breaking the Law and Undermining Breastfeeding -
1 Information Sheet No.1 0
(http://www.bpnLorg/ cgi/ information_sheets / informationsheetl O.pdf)
Nestle Breaks the Law by Sponsoring Homeopaths: Breaking the Law and Undermining Breastfeeding Series 2 (2005) -Information
. Protecting Breastfeedingfrom
India Protects Breastfeeding
Commercial Influence IYCFUpdate 7 (http:/ /www.bpnLorg/cgi/update7.pdf)
- Raising the bar: India sets even higher standard for breastfeeding protection
(http://www.bpnLorg/ cgi/ indiaprotectsbreastfeeding. pdf)
The Lawto protect, promote and support breastfeeding (Updated edition, 2004) -This book explains the detail of the Infant Milk
Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Amendment Act, 2003.
Rs.60.00
Government ofIndiaPuts Health Before Profits -A Press Release (http:/ /www.bpnLorg/cgi/news.asp?id=724)
Acknowledgments
We are highly thankful for the input provided by Ms. Deepika Shrivastava, Dr. Tarsem
Jindal, Dr. C.R. Banapurmath, Dr. Sunita Katyayan, Dr. Jagdish C. Sobti and Dr. J.P.
Dadhich.
This action brochure has been produced under the BPNI-UNICEF Project Cooperation
Agreement 2003-2007, "Strengthening Infant and Young Child Feeding in India", with
the support of the Ministry of Women and Child Development, Government ofIndia.
unicef 0»
Complied & Edited by : Dr. Kuldip Khanna & Dr. Arun Gupta
8reastfeeding Promotion Network of India (8PNI)