bpni wbw action folder 2006_0

8/8/2019 BPNI WBW Action Folder 2006_0

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World Breastfeeding Wee~ 2006 (1 - 7 August)

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The IMSAct:Making it. known to PeopleLet people monitor company behaviours/

The Infant MilkSubstitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply andDistribution)Act, 1992as Amended in2003(The IMSAct)/

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WABA'sWBW2006 theme IICodeWatch: 25 Years of Protecting Breastfeeding"


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Ideally, infants thrive best on exclusive breastfeeding for the first sixmonths and continued breastfeeding for two years orbeyond along with adequate and appropriate complementary feeding starting after six months. Recent research onaccelerating child survival clearly establishes that the universal practice of exclusive breastfeeding for the first sixmonths isthe single most effective child survival intervention, which reduces the under fivechild deaths about 16%in India.I .(Joneset al. Lancet 2003;362:65-71)However, in India these practices are far from optimal. There are several reasons for this.One important reason being the commercial influence on breastfeeding whereby baby food manufacturers promote theirproducts byovershadowing the significance ofmother's milk. The Infant MilkSubstitutes, Feeding Bottles and Infant Foods(Regulation of Production, Supply and Distribution) Act, 1992 (The IMS Act), amended in 2003, protects breastfeedingpractices bycontrolling the marketing and promotional activities ofbaby food manufacturers.

Why Breastfeeding?Exclusivebreastfeeding for the first six

months and continued breastfeedingfor two years or beyond along withadequate and appropriatecomplementary feeding startingafter sixmonths, provides idealnutrition to infants and youngchildren. It is the basis for theirsound development, health aswellas survival. For establishing adequate

breastfeeding it is very important tohave an early start within one hour ofbirthand to have breastmilk alone as the first feed. Recent

research on accelerating child survival clearly establishesthat exclusive breastfeeding for the first sixmonths is thesingle most effective child survival intervention. Whenpracticed universally it reduces the under fivechild deathsby 16%in India (Lancet 2003).Arecent study ofover 10,000babies done in Ghana and published in the AmericanJournal of Pediatrics has shown that ifall the newborns arebreastfed within an hour of their birth, neonatal deaths willbe reduced by22%.

Delaying and restricting breastfeeding and givingotherproducts before sixmonths are still common practices thatincrease the risk of infection, allergy,long-term disease anddeath. Other factors that contribute to these problems areignorance, beliefs and cultural practices; inadequatetraining, knowledge and skillsof health and child careworkers and neglect ofwomen's rights to access accurateinformation.Why the IMSAct?Improper marketing practices of companies, especiallythrough advertisements of infant milk substitute/formulaand infant foods, undermine breastfeeding, leading toincreased infant malnutrition, morbidity and mortality.Recognizing this to be a major public health problem, theGovernment ofIndia, in 1992,enacted the 'Infant MilkSubstitutes, FeedingBottles and Infant Foods (Regulation of

Production, Supply and Distribution) Act, 1992'(lMSAct).ThisAct sought to regulate the production, supply anddistribution of infant milk substitutes, feeding bottles andinfant foods (the products under the scope of the Act).TheAct sets out requirements such as labeling ofcontainers ofthese products and providing information on infant feeding.The need for Amendments - In spite of enactment of theIMSActin 1992,baby food manufacturers continued, yearafter year, to find loopholes to market their products, byinfluencing health professionals and by directlyapproaching breastfeeding mothers. This reduced women'sconfidence in breastfeeding and natural homemade foods.Itthus became necessary to plug these loopholes, in orderto stop these improper marketing practices and to protectthe survival, growth and development ofinfants and youngchildren.

Toharmonize the National Policywith the GlobalStrategy for Infant and YoungChild Feeding passed by the55thWHAinMay 2002and endorsed by the UNICEFExecutive Board in September 2002, it also becameimperative to incorporate recommendations ofrecent WHAresolutions, including the recommendation for exclusivebreastfeeding for the first sixmonths of life.

The then Department ofWomen and ChildDevelopment (DWCD)constituted amultisectorial NationalTaskForce to deliberate and suggest amendments to theexisting IMSAct.The committee suggested the necessaryamendments, which were placed as an Amendment Billtothe Parliament in March 2002, that was passed bytheParliament in June 2003and came into force from 1stJanuary 2004.

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of samples and giftsdoctors,ll- women or fee

residence, market pla(;e

4. Donation of educational materials, equipmentorbaby foodsTheeducationalmaterialsbroughtout bythe companiesdirectlyorunder theirsponsorshipareoftenmisleadingandunderminethe importanceofbreastfeeding.

~tbans donation and distributioneiial, and equipment to the

mothers directly.

5. Picture of the mother or baby on the labels ofbaby foodsCompanies often use graphics such as a teddy bear, abird, cartoons etc. on the labels and information packs to

idealize their products. Pictures of healthy babies or suchgraphics catch the attention of the mothers and families.This also overshadows the factual information containedon the labels for the benefit of the mother and the family.

ictures of an infant or athe label of these products.

6. Sponsorships and displays in the healthcarsystemIt has been observed thatcompanies bypass the healthcare system to reach mothers.Often companies are founddisseminating educationalmaterial with irrelevant andincorrect information in anattempt to influence doctors foradvisingmothers to use their babyfoods. The infant food industry sponsors/hostsprofessional conferences, meetings, research and othereducational eventsfor doctors.Sponsoring hoardingsfor hospitals andchemist shops isyetanother strategy.

Section 9 (2)"No producer, supplieror distributor referred to insub-section (1), shall offer ogive any contribution orpecuniary benefit to a healthworker or any association of heworkers , including funding o. seminar, meeting, conferenceseducational course,contest, fellowship, researchwork or sponsorship

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'ans the use of the Healthcare Systemforsuch as posters, hoardings

materials in hospitals OJ:gifts or making any payment to healthtoanymember ofhis/her family.seminars, meetings, conferences,

courses, contests, fellowships,

7. Payment of commissions to staff bycompanieforpromoting salesOften companies are found persuading their staff forpromoting sales of baby foods by giving them sales targetor commissions on the volume of sales.

;.ving commission toales of its products.

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The Act controlstlw marketing artd.prl'l1otionaIactivities of thefoHQ}Vingp~odu~ts:1. Infant milk substitutes,food being marketedmother's milk uptoTherefore the saidpromote breastfeedbeyond. Examples:Nestogen-II,Lac,Dexolac,proSoyal,Neosure or any otherformula.

2. FeedingBottiesofanybrandlikeBonnyBaby, Hello Baby, Wiprobrand.

3. Infant food, includesmarketed for use after as aexclusive breastfeedingfirstsixmonths. Example:Nestum,Cerelac, Farex, Weano,Infacare, First Food,Easum, any health drinksother food products promoted forthe consumption ofbabiesu:{lderthe ageoftWoyears.

Section3: Bans promotion orpublicSection4:Section5: RestrictsSection6:Section7: Ensures

educationalmaterialsBansection8:

Section 9: orSection 10:Section 11: Lays down

requirementsSection 12-19:Section20:Section21:

ActPrescribes penalties

Section 22:Section 23:

PenaltiesAccording to the Act, any person who contravenes Section 6 ofthisActwith regard to the label on the containers of the infant milksubstitutes or infant foods or Section 11(1) and rules made underthe Act,on the quality ofinfant milk substitutes, feeding bottles orinfant foods, shall be punishable with imprisonment and fine. Theimprisonment shall not be less than 6months, which may extendup to 3 years and the fine shall not be less than 2,000rupees.

Any person who violates the provisions ofthe sections3,4,5,7,8,9,10and subsection (2) of section 11and the rules madeunder section 26 ofthe Act, shall be punishable withimprisonment for a term which may extend to three years or witha fine which may extend to five thousand rupees or both.

The court may for any adequate and special reason reducethe fine and punishment to a minimum of 3months ofimprisonment, which may be extended up to 2years. Theminimum fine shall be 1,000rupees.

Where to reportUnder the Section 21 ofthe Act, the following voluntaryorganizations have been notified as monitoring agencies by theCentral Government to make complaints to the court of lawthroughout India. Complaints should be sent regarding theviolations under the Act to any ofthe following:1.Breastfeeding Promotion Network of India (BPNI)BP-33Pitampura, Delhi 110088,Tel:011-27343608, Fax:011-27343606Email: bpni@bpnLorg, Website: www.bpnLorgReport any violation at this URL-http://www.bpnLorg/cgil/imswhat.asp2.Association ofConsumer Action on Safety and Health (ACASH)Room No.21, Lawyer's Chambers,R.S.Sapra Marg,Mumbai 400002Tel:022-23886556, 022-23887354,Fax:022-23887340,Email: [email protected]. Indian Council for Child Welfare4,Deen Dayal Upadhyay Marg, NewDelhi 110002,Tel:011-23239539,23232427,232366164.Central SocialWelfare BoardSamaj Kalyan Bhawan, B-12TaraCrescent,Institutional Area South of lIT,NewDelhi 110016,Tel:011-26960059, 26960060Email: [email protected],Website: www.cswb.org

World Health Assembly (WHA) ResolutionsWorld Health Assembly has passed resolutions in recent

years, which address new health and development issues, byadvocating early and exclusive breastfeeding for the first sixmonths oflife, appropriate complementary feeding after sixmonths, along with continued breastfeeding upto two yearsor beyond. These also ensure that baby food manufacturershave specific roles to play and have to follow the CodexStandards and the International Code of Marketing of

Breastmilk Substitutes or National Standard/legislations.


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~ha~. can. .yc.>8.8 dc.>?Equip thepeoplesothat theycan themselvesmonitor thecompanies' behavior:... Translate the IMSAct materials in your local language and distribute it to asmany people aspossible.... Involve the local ICDS worker in spreading the word about the IMS Act and accurate information on

breastfeeding.... Hold public meetings or public seminars, givearadio talk, and come on television.... Establish links with consumer groups, teacher's unions, universities, political parties etc and spread the

message and do the' marketing surveys' .... Monitorthemarketingpracticesof companiesandreport anyviolationto the localMLAs,MPs,writeletters

to the Ministry ofWomen and ChildDevelopment and its State Departments.... On finding any violation ofthe Acton CableTVask cable operators to stop airing them and report the same totheDistrictMagistrate,the SubDivisionalMagistrateorthe CommissionerofPolice.... Providethemwiththe addressesofthe above-mentionedreportingagencies.... Startacampaignfor'Bottle-free'villagesandtownsasasteptowardsbabyfriendlycommunity.... Start aprotest campaign against any violating company bywriting letters to them pointing out the violations

and urging them to stop illegalmarketing.

.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) -InformationSheet No. 12 (http://bpnLorg/cgi/information_sheets/informationsheet12.pdf)Say no to Sponsorships -IBFANAsia PacificProtecting Breastfeedingfrom Commercial Influence IYCFUpdate 7 (http:/ /www.bpnLorg/cgi/update7.pdf)India Protects Breastfeeding -Raising the bar: India sets even higher standard for breastfeeding protection(http://www.bpnLorg/ cgi/ indiaprotectsbreastfeeding. pdf)TheLawto protect, promote and support breastfeeding (Updated edition, 2004) -This book explains the detail ofthe InfantMilkSubstitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Amendment Act, 2003.Rs.60.00Government ofIndiaPuts Health Before Profits -APress Release (http:/ /www.bpnLorg/cgi/news.asp?id=724)

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unicef 0AcknowledgmentsWe are highly thankful for the input provided by Ms. Deepika Shrivastava, Dr. TarsemJindal, 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 CooperationAgreement 2003-2007, "Strengthening Infant andYoung Child Feeding in India", withthe support oftheMinistry ofWomen and Child Development, Government ofIndia.

Designed by: Amit Dahiya

8reastfeeding Promotion Network of India (8PNI)BP-33, Pitampura, Delhi-110034Tel: 91-11-27343608,42683059, Fax: 91-11-27343606e-mail: bpni@bpnLorg,website: www.bpnLorg

Complied & Edited by : Dr. Kuldip Khanna & Dr. Arun Gupta

What is BPNIBPNI is a registered, independent, non-profit, national organisation that works towardsprotecting, promoting and' supporting breastfeeding and appropriate complementaryfeeding of infants and young children. BPNI works through advocacy, socialmobilization, information sharing, education, research, training and monitoring thecompany compliance with the IMS Act. BPNI does not accept funds or sponsorship ofany kind from the companies producing infant milk substitutes, feeding bottles, relatedequipments, or infant foods (cereal foods). .

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