Report

The Food Safety and Standards Authority of India (FSSAI) has declared that it no longer holds the responsibility for enforcing the Infant Milk Substitutes (IMS) Act. This decision came in response to a Right to Information (RTI) query filed in March 2025. In its reply dated April 1, FSSAI stated that the Ministry of Women and Child Development (MWCD) oversees the IMS Act, not FSSAI. This statement directly contradicts FSSAI’s advisory from September 2020, which directed food safety commissioners and designated officers to monitor the promotion of infant milk substitutes and take legal action against violators.

The IMS Act strictly bans the promotion of infant milk substitutes for children under two years of age. It authorizes food safety officers to enter premises, conduct searches, and file complaints under Sections 12 and 21 of the Act.

BPNI Flags Regulatory Void

The Breastfeeding Promotion Network of India (BPNI), a government-recognized body since 1995, raised strong concerns over FSSAI’s reversal. BPNI warned that this step creates a regulatory gap and allows infant formula companies to advertise freely. The organization urged the Prime Minister’s Office to reassign the enforcement responsibility. It recommended transferring the IMS Act to the Ministry of Health and Family Welfare, arguing that the health ministry can better safeguard infant nutrition and support breastfeeding.

Public Health Advocates Seek Immediate Action

BPNI emphasized that weak enforcement threatens India’s public health goals. Currently, only 41% of newborns receive breastfeeding within the first hour of birth. Health advocates believe that enforcing the IMS Act remains essential for improving infant health outcomes.

Source: Foodtech Network News