In a surprising reversal, the Food Safety and Standards Authority of India (FSSAI) has declared that monitoring violations of the Infant Milk Substitutes (IMS) Act does not fall under its jurisdiction—despite having issued a 2020 advisory instructing food safety officers to do exactly that.
Responding to an RTI query filed in March 2025, FSSAI stated on April 1 that the IMS Act is under the purview of the Ministry of Women and Child Development (MWCD), not FSSAI. This contradicts its own advisory from September 2020, which had directed designated officers and food safety commissioners to monitor baby food promotions and take legal action if necessary.
The IMS Act prohibits the promotion of infant milk substitutes for children under two years of age. It explicitly grants food safety officers powers of entry, search, and the ability to file complaints against violators, as outlined in Sections 12 and 21 of the Act.
The Breastfeeding Promotion Network of India (BPNI), a government-notified body since 1995, has raised alarm over this policy reversal. In a public statement, BPNI pointed out that the FSSAI’s stance creates a bureaucratic vacuum, enabling infant formula companies to freely promote their products without fear of consequences.
BPNI has appealed to the Prime Minister’s Office to revise the business rules that govern ministry responsibilities. It urged that the enforcement of the IMS Act be transferred to the Ministry of Health and Family Welfare, arguing that the health ministry is better equipped to safeguard infant nutrition and breastfeeding practices.
The shift in FSSAI’s position not only undermines the enforcement of the IMS Act but also threatens national health goals. India’s early initiation of breastfeeding rate stands at just 41%, making robust implementation of this law more critical than ever.
📢 Be Aware, We never charge any consultancy fee for jobs.
📲 Foodtech Network WhatsApp Jobs Group
Click to join WhatsApp group
👥Free Membership (For Jobs, Internship and Training)
Membership registration
⚙️ Food Entrepreneurs & Startups (For business owners)
Our services (Free and Paid)
📱 Food safety training and certification.
Download our App, Foodtech Network
Food safety and standards regulations Training
• 22 Training programs
• Internal Auditor Training
• Starting from 23 April.
