FSSAI does a U-turn on its role in monitoring violations of baby food law

Four and a half years after issuing an advisory asking food safety officers in states and union territories to monitor violations of the Infant Milk Substitutes (IMS) Act which regulates promotion and marketing of baby foods, the Food Safety and Standards Authority of India ( FSSAI ) has done an about turn stating that the IMS Act did not come under its purview.

FSSAI stated this in response to an RTI query filed in March 2025 asking for details of any action taken for monitoring the IMS Act and for information regarding any training sessions conducted for designated officers and food commissioners. It also sought reports from the monitoring of violations of the Act. FSSAI responded on April 1 stating that the IMS Act did not come under the purview of FSSAI and that it falls in the domain of the ministry of women and child development.


In the advisory issued in September 2020, FSSAI stated that Section 100 of the Food Safety and Standards Act of 2006 read with the relevant section of the Infant Milk Substitutes (IMS) Act empowered the designated officer or the food safety officer to make a written complaint before the court to take cognizance of any violation punishable under the IMS Act. The advisory to all central licensing authorities, designated officers of FSSAI and commissioners of food safety of all states and union territories asked them to closely monitor the products and promotional activities of food business operators (FBOs) and any non-profit or association or instate established by the FBOs to determine if they were violating any provisions of the Infant Milk Substitutes (IMS) Act.

Section 12 of the IMS Act dealing with powers of entry and search states that “any Food Safety Officer appointed under the Food Safety and Standards Act, 2006 …or any officer not below the rank of a Class I officer authorised in this behalf by the State Government” has the power to enter and search if any provision of the law was contravened. Section 21 of the IMS Act dealing with cognizance of offences states that no court shall take cognizance of any offence punishable under this Act except upon a complaint in writing made by “the Designated Officer or the Food Safety Officer directed under sub-section (5) of section 42 of the Food Safety and Standards Act, 2006…”

FSSAI’s response contradicts the explicit provisions of the law, which mandate that food safety officers be empowered as authorized officers to protect infant health, said a statement issued by the Breastfeeding Promotion Network of India (BPNI) adding that this resulted in a bureaucratic void in which violations – such as unchecked sponsorships and promotional activities by infant formula companies were effectively given free rein. In 1995, the union government had notified BPNI to monitor the compliance with the IMS Act. BPNI has been monitoring and reporting on the alleged violations of the baby food law IMS Act that prohibits any form of promotion or advertisements of baby foods for children under two years.

Expressing deep concern over the persistent gaps in the enforcement of the IMS Act, the BPNI statement appealed to the PMO to revise the prevailing business rules which lay down the areas of responsibility of each ministry. BPNI sought reassigning enforcement responsibilities of the IMS Act from women and child development ministry to the health ministry so that “those best equipped with medical expertise and a robust presence in healthcare service delivery” were at the forefront of protecting infant health. This realignment is not only critical to upholding the law that once championed India’s commitment to breastfeeding, but it is also essential for meeting our national health targets, including the early initiation of breastfeeding, which currently stands at a mere 41%, concluded the statement.