Maharashtra FDA cracks down on infant food marketing: No free samples, social media promotion or misleading ads

The Maharashtra Food and Drug Administration (FDA) on Tuesday issued a comprehensive compliance order on food items such as formula milk intended for infant nutrition, including displaying instructions like "Mother's Milk is Best for Your Baby".

The food safety watchdog stipulated fines up to ₹10 lakh for violations like misleading advertisements and substandard food, and insisted advertising of formula milk and infant foods, free samples, gifts, cashback, influencer promotion and social-media promotion are prohibited.

Order covers infant foods, formula, medical foods and feeding bottles

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 - 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 stated.

It must include feeding instructions and state that complementary foods should be started only after six months (of baby's birth), the IAS officer insisted.

The order has come into immediate effect and applies to every manufacturer, brand owner, importer, repacker, distributor, retailer, pharmacy, hospital supplier and e-commerce platform dealing in infant formula, milk food, follow-up formula, complementary baby food, traditional food, food for special medical purposes for infants and feeding bottles, he said.

Infants and under-two children are among the most vulnerable consumers

Mundhe said infants and children below two years of age are among the most vulnerable consumers.

They cannot decide for themselves what they should consume and their parents depend on product labelling and advice from healthcare professionals, he argued.

He said misleading advertising or operating without a licence could attract fine up to Rs10 lakh.

The FDA chief warned of fine of Rs 5 lakh for substandard food and penalty up to Rs 3 lakh for misbranding of food.

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

He insisted 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 maintained.

Preservatives, added colours and flavouring substances in infant food items are prohibited. Added sucrose may be used only when necessary and within 20 per cent of total carbohydrates; false "no added sugar" claims are prohibited, he said.

Mundhe said hospitals and paediatricians must report suspected adverse events among infants receiving formula milk. Manufacturers must report serious adverse events within 48 hours.

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 asserted.

In another action, the FDA seized stock of refined soyabean oil worth Rs 3.51 crore at Khamgaon in Buldhana district in 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 dramatic chase of a vehicle from Palghar to Kasara Ghat on the busy Mumbai-Nashik route