IMS Act Monitoring and Implementation
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The Infant Milk Substitutes, Feeding Bottles, and Infant Foods (Regulation Of Production, Supply And Distribution) Act 1992 And Amendment Act 2003( IMS Act )is India’s biggest commitment in the interest of infants and young children.The IMS Act BANS any kind of promotion of Infant Formula, Feeding Bottles and Infant Foods for 0-2 years of children. BPNI is notified in the Gazette of India as a child welfare NGO to initiate action under section 21(1) of the IMS Act for officially monitoring and implementation since 1995.
IMS Act Essential Documents
- The infant Milk Substitutes, Feeding Bottles and infant Foods (Regulation of Production, Supply and Distribution) Act, 1992
- The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Amendment Act, 2003
- The Infant Milk Substitutes, Feeding Bottles And Infant Food (Regulation of Production, Supply and Distribution) Rules, 1993
- The Infant Milk Substitutes, Feeding Bottles And Infant Food (Regulation of Production, Supply and Distribution) Rules, 2003
- Notification on enforcement of the IMS Act Amendment Act - 2003
- Government of India Gazette notification to authorises BPNI to monitor the IMS Act and make a complaint - 1995
- Haryana Government order Gazette, dated the 4th April, 2006
- Indian Standard - Plastics Feeding Bottles (First Revision) -20 Feb 2014
Protected the IMS Act from being repealed
- GoM urged not to repeal IMS Act, Tribune News Service, March 11, 2005
- Getting shortchanged as consumers of law, Feb 22, 2005
- NGOs flay repeal of baby food Act, Tribune News Service, Feb .8, 2005
- Protest against move to repeal IMS Act , Feb. 16, 2005
- Activists flay 'bid' to curtail breastfeeding, Feb, 14, 2005
- Move to repeal IMS Act flayed, Feb 9, 2005
- Is Govt planing to bypass maa ka dudh?, Feb 8, 2005
- For the infant's health, The Hindu, 2005
Letters Issued by Government of India / Action taken by Government of India
- The Government of India suspends license of a company ending commercialization of mother’s milk in response to BPNI’s complaint, dated October 12th, 2022
- MoHFW response to the issue of IMS Act PharmEasy is promoting the sale of infant milk substitute by giving discount, November 8th, 2021
- MoHFW response about the Violation of the IMS Act by Danone dated October 29th, 2021
- NNF response to the issue of IMS Act compliance was discussed in the NNFEB which advised all members & Editor NNF Journal to abstain from taking sponsorship from any commercial organization as per IMS act., Sep 28, 2020
- FSSAI Order to designate FSO to implement the IMS Act
- A letter issued by Secretary, Ministry of Health and Family Welfare to Secretary, MoWCD, about the Violation of the IMS Act, dated 18th August 2020
- A letter issued by Secretary, Ministry of Health and Family Welfare to President, FOGSI, Mumbai about the Violation of the IMS Act, dated 18th August 2020
- A letter issued by Secretary, Ministry of Health and Family Welfare to President, IAP, Mumbai about the Violation of the IMS Act, dated 18th August 2020
- Letter issued by Child Health Division, MoHFW, GOI, To, The Principal Secretaries(Health & FW) Chandigarh, West Bengal & Jharkhand, Representation from BPNI requesting for action to stop exploitation of COVID-19 by the Baby Food and Feeding Bottle companies-reg, dated 27th July 2020
- Minutes of meeting consultation on IMS Act Implementation, 21 January, 2020
- Letter issued by Director of Family Welfare, Odisha to CDM & PHOs-Cum- District Mission Directors, Odisha, dated 3 December, 2019
- Letter issued by Secretary Medical Education and Family Welfare Department Jharkhand to All Civil Surgeons Jharkhand, 13 March 2019
- ICMR response (Request for Action against the violators of Infant Milk Substitutes Feeding Bottles, and Infant Foods (Regulation of Production, Supply and Distribution) Act 1992, and Amendment Act 2003.(IMS Act) (FTS: 1446104-13 August 2019) December 2019
- ICMR response in Nestle funded studies September 2019
- Letter MOHFW responded and written to DG-ICMR to initiate action
- A Letter issued by Secretary MoHFW to Chief Secretary of All States/UTs.
- Letter of Mission Director NHM to BPNI.Jan 2019
- Letter from Shri Manoj Jhalani, Additional Secretary, MoHFW (General order to appoint “authorised officers” under section 21 (1)( b) of the IMS Act)
- Letter from Secretary Health to State Governments Jan 2019
- Letter of Secretary Health to Secretary MoWCD GOI Jan 2019
- A letter issued by Joint Secretary, Ministry of Women & Child Development to State Governments to take strict action against such programmes, sponsored by infant food manufactures companies as well as those who attend them, 2nd August. 2011
- A letter issued by the Ministry of Women and Child Development, Government of India to various universities, who were collaborating with Nestle India to conduct training workshops of adolescent school girls in various states, 26th July, 2011.
- A letter issued by Ministry of Health & Family Welfare to professional bodies to stress upon the seriousness needed in the implementation of IMS Act, 29th December, 2010.
- A letter issued by additional secretary, Ministry of Health and Family Welfare to PGIMER about IMS Act, 30th November, 2010
- A letter jointly signed by both Ministry of Women and Child Development and the Ministry of Health and Family Welfare, Government of India to Chief Secretaries of the states for effective implementation of the IMS Act, 17th August, 2010
Documentation of the Violations under IMS Act
- Letter to Dr. Bharati Pravin Pawar, Hon’ble Minister of State, MoHFW, GOI, about Illegal Activity and Sale of Neolacta, 19th March 2024
- Letter to Secretary, MoHFW, GOI, about Violation of Section 3 (c) of the IMS Act by Happa Foods. 1st March 2024
- Letter to Sh. Anupam Mishra, Joint Secretary (CA), MoCA, Food & Public Distribution, GOI, about Request for meeting regarding baby food advertisements on social media platforms, 13th Feb 2024
- Letter to Shri. Sudhansh Pant, Secretary,MoHFW, GOI, about Violation of Section 3 (c) and 4 (b) (c) of the IMS Act by Philips Avent Infant Feeding Bottle Manufacturer, 2nd August 2023.
Achievements of IMS Act
- Apologies mail by S. Mahendra Boopatjy, Assistant manager, British Life Science Pvt Ltd regarding withdrawal or to block circulation of advertisement of LF 100 in Indian Journal of Pediatrics, Vol-83, February, 2016
- E-mail communication from Mr. Rajiv Dhir, Marketing Head of Indian Journal of Paediatrics stating that they have blocked February issue in which LF 100 advertisement is published and withdrawn contract with British Biologicals Pvt. Ltd.
- International conference continued without acceptance sponsorship from company Organising committee refused to take sponsorship from MEDELA and STERIFED, 10 -11th April, 2015 Pune .
- Secret meeting of doctors sponsored by Nestle got leaked out. The Secretary, IAP Gorakhpur resigned from his post, 25th August , 2012, Gorakhpur
- National Neonatology Forum Decline Sponsorship by Abbott, 16-19th December, 2011, Chennai.
- 16th Annual Conference of Indian Society for parental and enteral nutrition (ISPEN), sponsored by Nestle Nutrition Institute was cancelled by the organisers after letter issued by Ministry of Health and Family Welfare, 10-12th December, 2010, Chandigarh
Affirmative Steps by Professional Bodies
Nestlé Trial
- High Court Order 12th March 2014
- Bhupender Singh, Metropolitan Magistrate, Rohini Court , Delhi, charge Nestle India ltd , 17th March, 2012
- Association for consumer action on safety and health vs Nestle India Ltd. 1st December, 2011
- Statement of Dr. Arun Gupta, Association of consumer vs Nestle India Ltd, 13th, October, 2006
- High court for Lower court case. 18th November,1998
- Criminal Complaint in lower court, 30th, November, 1994
Action Taken Report Submitted to MoWCD
- Implementation of IMS Act-Action Taken Report sent to Sh. Ajay Tirkey, Secretary Ministry of Women and Child Development (2019-2020)
- Implementation of IMS Act-Action Taken Report sent to Sh. Rakesh Srivastava, Secretary Ministry of Women and Child Development (2017-18)
Annexure-1, Annexure-2, Annexure-3, Annexure-4, Annexure-5, Annexure-6 - IImplementation of IMS Act-Action Taken Report sent to Sh. Rakesh Srivastava, Secretary, Ministry of Women and Child Development (2016-17)
- Implementation of IMS Act-Action Taken Report sent to Sh. Rakesh Srivastava, Secretary Ministry of Women and Child Development (2015-2016)
- Implementation of IMS Act-Action Taken Report sent to Sh. Vinay Sheel Oberoi, Secretary Ministry of Women and Child Development(2014-2015)
- Implementation of IMS Act-Action Taken Report sent to Dr. J.H. Panwal, Joint Technical Advise, Food and Nutrition Board(2013-2014)
IMS Act- Complete Powerpoint Presentation, September 2020
The Infant Milk Substitutes, Feeding Bottles & Infant Foods (Regulation of Production, Supply & Distribution) Act 1992 and Amendment Act 2003 (IMS Act)
INDIAN BABY FOOD LAW OFFENDERS
Report of the monitoring the company compliance with the The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 and the Amendment Act 2003.
2022-2023
Under Attack Report (2021-2022)
Under Attack Report May 2021
The Law to Protect, Promote and Support Breastfeeding
What Constitutes a Violation of the IMS Act?
Indian Law to Protect Breastfeeding- English
