Maharashtra Cracks Down on Baby Food Marketing
Maharashtra's Food and Drug Administration (FDA), under the leadership of Commissioner Tukaram Mundhe, has implemented a stringent ban on various promotional activities for infant formula and baby food products. This directive, effective immediately, prohibits advertisements, free samples, gifts, and influencer-led promotions, citing concerns that such marketing undermines breastfeeding and misleads parents.
The comprehensive order applies to every entity involved in the infant nutrition sector within Maharashtra, including manufacturers, brand owners, importers, repackers, distributors, retailers, pharmacies, hospital suppliers, and e-commerce platforms dealing with infant milk substitutes, follow-up formulas, complementary baby foods, traditional infant foods, foods for special medical purposes, and even feeding bottles.
Comprehensive Ban on Promotional Activities
The new regulations explicitly forbid several forms of product promotion:
- Advertising: A complete ban on advertisements across television, print media, websites, e-commerce platforms, and all social media channels.
- Freebies & Discounts: Prohibition of free samples, gifts, coupons, cashback offers, or any discount campaigns designed to promote these products.
- Influencer Marketing: A specific ban on promotions conducted by influencers, cross-promotions, and marketing via messaging applications.
- Medical Sponsorships: Companies are no longer permitted to offer sponsorships, hospitality, travel, registration fees, or speaker fees to doctors, hospitals, pharmacies, or medical associations for conferences, seminars, or research related to infant nutrition products.
Strict Penalties for Non-Compliance
Violations of this order will lead to prosecution under the Infant Milk Substitutes (IMS) Act and the Food Safety and Standards Act. Companies found engaging in misleading advertisements or operating without proper licenses could face fines of up to ₹10 lakh. Additionally, the FDA chief warned of a ₹5 lakh fine for substandard food products and a penalty of up to ₹3 lakh for misbranding.
Mandatory Labeling and Packaging Norms
Beyond the promotional ban, the FDA has also reinforced strict labeling requirements. Every package must prominently display the notice, “IMPORTANT NOTICE & MOTHER’S MILK IS BEST FOR YOUR BABY”, on its front panel. Other restrictions include:
- No pictures of infants or women on packaging.
- Banning terms such as “humanised”, “maternalised”, “complete food”, or “health food” on product labels.
- Clear and precise feeding instructions.
- A mandatory warning stating that complementary foods should only be introduced after six months of age.
- A declaration that the product should be used only on the advice of a health worker and prepared with boiled water.
All products must also carry a valid FSSAI license number and the Bureau of Indian Standards (BIS) mark, ensuring compliance with the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020.
Industry Self-Audit and Parental Advisory
Manufacturers, importers, and brand owners have been granted a 30-day window to conduct a self-audit of their licenses, product approvals, BIS certification, formulations, labeling, and promotional practices. They are required to submit a compliance declaration to the FDA following this audit.
The regulatory body has also advised parents to exercise caution when purchasing infant food. They recommend buying only sealed packages that clearly display the FSSAI license number and BIS mark, and to avoid products heavily promoted through discounts or social media endorsements.