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Act changes come into force from January — Infant food cos in a spot

P.T. Jyothi Datta
Richa Mishra

New Delhi , Dec. 18

INFANT food manufacturers such as Nestle(Cerelac), Heinz(Farex), GlaxoSmithKline(Junior Horlicks) and host of others will soon have to put the brakes on promotional activities, thanks to an amendment that expands the purview of the existing Act and comes into effect from January 1.

The noose tightens around infant food manufacturers in the form of amendments to the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of production, Supply and Distribution) Act 1992. Among other things, it bans all forms of promotions for babies below two years — a scale-up from the existing bar of four months.

"Infant food manufacturers have constantly exploited loop-holes in the law, but India has leapt ahead with its forthcoming legislation which stands up to challenges from companies. For instance, it bans the sponsorship of doctors or health and medical conferences by infant food manufacturers. This is just one of the numerous avenues used by companies to target infants and their mothers, " points out Ms Patti Rundall, Policy-Director, Baby Milk Action and International Coordinator for Nestle Boycott in 18 countries.

The amended Act in India bans all forms of advertising and promotion of such products that target children in the six months to two-year age group, points out Dr Arun Gupta, Regional Coordinator, International Baby Food Action Network (IBFAN), Asia Pacific.

This would hit promotions of "GSK's Junior Horlicks that target children between one and three years and products such as Nestle's Cerelac, Lactogen and Nan-2, etc," observed Dr Gupta.

The forthcoming norms also bring on par infant foods and infant milk substitutes, in an attempt to promote natural feeding by the mother, he adds.

Nestle officials, however, point out that they have already stopped promoting weaning foods and in adherence to the World Health Organisation (WHO) code "voluntarily" advocated weaning from six months, even before the law comes into effect.

"Nestlé weaning food, Cerelac 123, is for children from 6 months of age and is a scientific approach to proper nutrition in the crucial stages of weaning. We have , for close to a year, recommended on our packs the 3 stage approach (Stage 1 from 6 months, Stage 2 from 8 months and stage 3 from 10 months onwards) offering the right eating experience at the right age, for those consumers who may need them," the company said.

The amended legislation also expands the Act's purview to include products being marketed as a complement to mother's food and to include different types of people associated with marketing/representing such products. Chemists, for instance, have been brought into the loop and companies could be punished for putting out publicity material or nutritional claims at drug stores.

Violations of existing norms, according to data from the Breastfeeding Promotion Network of India (BPNI), range from incorrect labels targeting children of four months and making health claims to undertaking advertising and promotional activities targeting medical and health professionals. Companies in the dock, according to BPNI include Nestle, Witco for promoting feeding bottles, Wockhardt's Dexolac Special Formula and Nutricia's Infacare Infant Formula, among several others.

Meanwhile, legal representatives point out that even the amended Act does not address how promotions by the companies to the medical fraternity could be monitored.

Further they apprehended, "As has been the experience with tobacco and liquor, promotions may simply take the surrogate route — promote the same brand name through a virtually non-existent product."

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