New Maharashtra Rules Restrict Infant Food Ads, Gifts and Promotions

The420.in Staff
5 Min Read

The Maharashtra Food and Drug Administration (FDA) has issued new compliance regulations for food products intended for infants, formula milk and feeding bottles. The order completely prohibits free samples, gifts, coupons, cashback, influencer promotions and social media marketing of these products. It also makes it mandatory to display a prominent warning on product packaging stating that “Mother’s Milk is Best for Your Baby.”

The new rules have come into immediate effect and apply across the supply chain, including manufacturers, brand owners, importers, repackers, distributors, retailers, pharmacies, hospital suppliers and e-commerce platforms. The regulations cover infant formula, infant milk food, follow-up formula, complementary and traditional infant foods, foods for special medical purposes and feeding bottles.

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Why Have the Rules Been Tightened?

According to the Food and Drug Administration, children below two years of age are among the most vulnerable consumers. They cannot decide for themselves what they should eat or drink and their parents depend on product labels and advice from healthcare professionals. In such circumstances, misleading advertising or inaccurate information about products can influence decisions related to children’s health.

What Must Change on Product Packaging?

Under the order, every package must prominently display the warning “IMPORTANT NOTICE & MOTHER’S MILK IS BEST FOR YOUR BABY” on the front. The use of images of infants or women on packaging will also not be permitted. Terms such as “humanised,” “maternalised,” “complete food” and “health food” have also been prohibited.

Packaging must provide clear instructions on feeding the child. In the case of complementary foods, the label must clearly state that such food should be introduced only after the baby completes six months of age. Manufacturers and brand owners will also be required to maintain batch-wise traceability, systems for complaints and adverse events, and the capability to recall products whenever necessary.

Penalties have been prescribed under different provisions for violations. Misleading advertisements or operating without a licence can attract a fine of up to ₹10 lakh. Substandard food products can attract a penalty of up to ₹5 lakh, while misbranding can result in a fine of up to ₹3 lakh.

What Promotions Are Now Prohibited?

Advertising of formula milk and infant food products will not be permitted through any medium. Promotion through e-commerce marketplaces and social media messaging platforms will also be prohibited. Activities designed to attract consumers through free samples, gifts, coupons and cashback will fall under the ban. Influencer-based promotion will also not be allowed.

Sponsorship, hospitality, speaker fees or grants to doctors, hospitals and medical organisations for conferences, seminars, continuing medical education programmes or research have also been prohibited. No individual, company, hospital, doctor or influencer will be permitted to promote formula milk in violation of the law.

The use of preservatives, added colours and flavouring substances in infant food products has also been prohibited. Added sucrose may be used only when necessary and only up to 20 per cent of total carbohydrates. Misleading claims such as “no added sugar” will not be permitted.

How Will Infant Food Safety Be Monitored?

Hospitals and paediatricians have been asked to report suspected adverse events among infants consuming formula milk. Manufacturers will be required to report serious adverse events within 48 hours. The system is intended to strengthen monitoring of potential risks associated with infant food products and enable timely action.

Meanwhile, the Food and Drug Administration seized refined soybean oil worth ₹3.51 crore from a company in Khamgaon, Buldhana district. In another operation, officials seized banned gutkha worth ₹1.26 crore from a vehicle after chasing it from Palghar to Kasara Ghat on the Mumbai-Nashik route.

Parents buying formula or other infant food should carefully check the packaging, feeding instructions and age recommendations rather than relying on social media promotions or promotional offers. The new rules also place greater responsibility on manufacturers, sellers and healthcare institutions to comply with restrictions governing infant food promotion.

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