The IMS Act
Item
- Title
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The
IMS Act - extracted text
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SDA-RF-CH-1.36
C H - I.
The
IMS Act
... What You Should Know
About It
Salient Features
The Infant Milk Substitutes, Feeding Bottles
and Infant Food (Regulation of Production,
Supply and Distribution) Act 1992
Introductio
▼
V
V
/ Breastfeeding is the
natural and ideal way
of feeding the infants
and provides a unique
biological
and
emotional basis for
healthy
child
development. Its antiinfective properties
protect
children
against disease. Its
effect on child spacing
and health of mothers
is well recognized.
Breastfeeding is a key
aspect of self-reliance
and primary health
care.
/ The increased availability of infant milk substitutes in the market
has lead to extensive promotions by the infant food
manufacturing companies, through advertisements, free
samples, gifts to mothers and health workers to convince them
that bottle feeding is as good as breastfeeding. This undermines
breastfeeding in many ways and has contributed to the decline
of breastfeeding rates. This is assuming dangerous proportions,
subjecting millions of infants to great risk of infection,
malnutrition and death.
/ In view of the vulnerability of young infants to the aforesaid
risks it became necessary to regulate the marketing of such
products. Recognizing this fact, the World Health Assembly
adopted the International Code of Marketing of Breastmilk
Substitutes in 1981. The Indian Parliament enacted the Infant
Milk Substitutes, Feeding Bottles and Infant Foods (Regulation
of Production, Supply and Distribution) Act 1992 (IMS Act)
which came into force on August 1, 1993.
Objectives of the Act
■ Prohibit the promotion of infant foods, infant milk substitutes
and feeding bottles. The Government is committed to promote
and protect breastfeeding. The advertisement of infant milk
substitutes such as Lactogen 1,2, Nestogen, Amul Spray,
Glacto 1,11, Milk Care Starter, Milk Care Follow on, Lactodex,
Nusobee, Dexolac, and of bottle-feeding is prohibited.
Advertisement of cerelac foods such as Cerelac, Farex,
Nestum and Weano, is allowed but with certain restrictions.
■ Educate pregnant women and mothers of infants about
breastfeeding. By creating awareness among pregnant and
lactating mothers about the benfits of breastfeeding and by
providing accurate and factual information the government is
striving to reverse the decline in breastfeeding.
□ Ensure the proper use of infant milk substitutes and infant foods.
Feeding babies with infant milk substitutes and infant foods.
Feeding babies with infant milk substitutes and infant foods
can be harmful. The idea of the government is to restrict and
control the use of these products by advocating their use only
on the advice of a health worker.
Ei Define the role and responsibilities of health care institutions
and health workers to ensure the proper use of infant milk
substitutes, feeding bottles and infant foods.
Prohibits the advertisement of infant
milk substitutes and feeding bottles to
ensure that no impression is given that
feeding of these products is equivalent
to, or better than, breastfeeding.
o
Prohibits providing free samples and
gifts to pregnant women, mothers
infants and members of the families.
Prohibits donation of free or
subsided supplies of products for
health care institutions and prohibits
incentives and gifts to health
workers.
Prohibits display of posters at health
care facilities I hospitals /health
centres.
®
The Act also prescribes that
all labels of IMS I Infant food
must say in English and local
languages that breastfeeding
is the best. Also, the labels
must not have pictures of
infants or women or phrases
designed to increase the sale
of the product.
Prohibits any contact of employers of
manufacturing and distributing
company with pregnant women, even
for providing educational material to
them.
Any audio, visual, reading
for prenatal/ postnatal care or for
infant feeding should have clear
information regarding:
a.
Benefits of breastfeeding
b.
Hazards of using substitute
products
o
No infant food manufacturing
company will link its employees’
salary or other benefits with the
volume of sales of IMS, feeding
bottles and infant food.
i Penalties f<
□
Violations of the Act attract imprisonment for upto three years
and/or fine upto Rs.5000.
H
Penalty with regard to the Label on container or quality of infant
milk substitute, feeding bottle and infant food is punishable with
imprisonment upto 6 month extended to 3 years and fine at
least Rs.2000.
What You Can Do
Seek correct and scientific information about breastfeeding.
Understand the hazards of using infant milk substitutes, feeding
bottles and infant foods.
Create awareness and public opinion on promotion and
protection of breastfeeding.
Help to form groups or working with NGO, which can support
hospitals & maternity homes.
Educate people on the provisions of the Act and on the
procedures for reporting violations.
Form Community Watch Groups for identifying and reporting
violations.
Report violations to the right authorities. Inform/publicise
addresses and names of organisations where you can report
violations.
•
Should not give samples of their products to mothers or health
workers.
®
Should not advertise infant milk substitutes or feeding bottles.
©
Should not give free or subsidised supplies of products to
hospitals and maternity homes.
®
Should not give health workers money or gifts of any kind.
•
Should not visit hospitals or maternity homes to talk to mothers.
©
Should not promote their products in shops through special
display discount or other gimmicks.
■®
Labels should not have pictures of baby, nor idealized bottle
feeding.
Examples
Infant Milk Substitutes
Nestle: Lactogen I, Lactogen II, Nestogen
Amul: Amul Spray, Amul Milk Food
Glaxo: Glacto I, II, Farex
Dalmia Dairy. Milk Care
Raptakos Brett. Lactodex, Raptako
Wockhardt; Dexolac, Nusobee
FDC: Simyl MCT
Supplementary Foods
Nestle: Nestum, Cerelac
Amul: Balamul
Glaxo: Farex
Dalmia: Weano
Report Violations To
Under the Act, the following voluntary organisations have
been notified as monitoring agencies. Send your complaints
regarding violations under the Act to any of the following:
1.
Central Social Welfare Board,
Samaj Kalyan Bhawan,
B-12 Tara Crescent,
Institutional Area South of IIT,
New Delhi 110016
2.
Indian Council for Child Welfare,
4, Deen Dayal Upadhyay Marg,
New Delhi 110002
3.
Association for Consumer Action on Safety and
Health (ACASH),
Room No. 21, Lawyer’s Chambers,
R.S. Sapra Marg,
Mumbai 400002
4.
Breastfeeding Promotion Network of India (BPNI),
BP-33 Pitampura,
Delhi 110088
Breastfeeding Promotion Network of India
BP-33 Pitampura,
Delhi 110088.
Tel: +91 (11) 7312445
Fax: +91(11) 7315606
Email: bpni@bpni.org
Website: www.bpni.org
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