Maharashtra FDA tightens infant food rules, bans formula promotions and influencer advertising
The Maharashtra Food and Drug Administration (FDA) has issued a sweeping compliance order to tighten manufacturing, sales, labelling and promotional practices for infant foods and milk substitutes across the State, citing concerns over declining breastfeeding practices and emerging health risks among children and adolescents. The order, which took immediate effect, introduces a unified enforcement mechanism and imposes a blanket ban on advertisements, influencer endorsements and other promotional tactics for infant milk substitutes, infant foods and feeding bottles, both offline and online.
A unified framework and immediate scope
Signed by Food Safety Commissioner Tukaram Mundhe under Section 30 of the Food Safety and Standards Act, 2006, the directive aligns enforcement of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 (IMS Act) with the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020. By bringing these under a single enforcement mechanism, the State aims to close gaps that officials say have been exploited in the marketplace.
The order applies throughout the supply chain: manufacturers, brand owners, importers, re-packers, distributors, retailers, pharmacies, hospital suppliers and e-commerce platforms dealing in infant formula, infant milk food, follow-up formula, complementary and traditional infant foods, foods for special medical purposes and feeding bottles are all covered.
Violations flagged in inspections
According to the FDA, inspections and surveys uncovered multiple non-compliances, including labels that omitted mandatory breastfeeding notices, age-of-introduction warnings and preparation instructions. Regulators also found products marketed under generic or misleading descriptors — such as “baby cereal,” “health mix,” “stage food” and “nutrition powder” — that appeared designed to evade prescribed standards for infant nutrition products.
Stricter labelling rules
The order mandates that packages prominently display, on the front of pack, the notice: “IMPORTANT NOTICE – MOTHER’S MILK IS BEST FOR YOUR BABY.” The use of images of infants or women is prohibited, as are descriptors such as “humanised,” “maternalised,” “complete food” and “health food.” For complementary foods, labels must clearly state that such products should be introduced only after six months of age.
Public health rationale
Officials linked the enforcement drive to trends highlighted in the National Family Health Survey (NFHS)-6 and other health indicators. Data cited by the FDA show that only 55.8% of mothers initiate breastfeeding within the first hour after birth, dropping to 52.8% in urban areas. Among adolescents aged 10–19, officials pointed to worrying indicators: 35.1% with high blood pressure and 12.3% classified as prediabetic or diabetic, alongside reports of high triglyceride levels and low HDL cholesterol. The FDA connected these findings to concerns over improper infant and childhood feeding practices and the long-term burden of non-communicable diseases.
Ban on ads, freebies and influencer promotions
The compliance order imposes a complete prohibition on commercial promotion of infant milk substitutes, infant foods and feeding bottles. The ban covers advertisements, free samples, gifts, coupons, cashback and discount campaigns, as well as influencer promotions and cross-promotions. It extends to all marketplaces and digital channels, including e-commerce platforms, social media and messaging applications.
In addition, companies are barred from offering sponsorships, funding, hospitality, travel or registration expenses, speaker fees, research grants or any other benefits to health workers, hospitals, nursing homes, pharmacies or medical associations in connection with conferences, seminars, workshops, continuing medical education programmes, fellowships or research activities.
Addressing questions about social media promotions, Mr. Mundhe said responsibility could extend to both the company behind a product and the individual endorsing it if the activity violates the law.
Transparency and enforcement
To strengthen oversight, the FDA has introduced an online system with time-stamped records of complaints and inspections. Officials said the system aims to enhance transparency in enforcement and to guard against corruption or extortion during inspection processes.
Compliance timeline and next steps
Manufacturers, importers and brand owners have 30 days to complete self-audits of their licences, product approvals, BIS coverage, formulations, labels and promotional practices, and to submit compliance declarations. Designated Officers must, within 45 days, map establishments and online sellers and initiate risk-based inspections. A first consolidated enforcement report is due to be submitted to the Commissioner within 60 days.
Penalties and legal consequences
Violations can draw substantial penalties: up to ₹10 lakh for misleading advertisements or operating without a licence, ₹5 lakh for substandard food and ₹3 lakh for misbranded food. Cases involving unsafe food can lead to prosecution; imprisonment may extend to life if consumption results in death. Authorities may also suspend or cancel licences.
Medical advice vs. commercial promotion
Mr. Mundhe stressed that the prohibitions do not impede legitimate medical advice. Medical practitioners may continue to provide necessary nutritional guidance when a mother is unable to breastfeed for medical reasons or when an infant requires foods for special medical purposes. The restrictions, he said, are targeted at commercial promotion of substitutes, not medically necessary care.
Objective and official stance
The FDA said the broader goal of the enforcement drive is to promote healthy feeding practices and ensure safe nutrition during the early years of life — a period officials described as crucial to children’s physical and intellectual development. “A child under two cannot protect itself,” Mr. Mundhe said, adding that enforcement of the IMS Act would now be the responsibility of every Food Safety Officer in Maharashtra and would be undertaken as rigorously as enforcement of the Food Safety and Standards Act.
With the new order in force, the State’s food safety apparatus will begin coordinated inspections and monitoring across offline and online channels, as companies undertake mandatory self-audits and adjust product labelling and marketing practices to align with the tightened rules.
