Buying baby food in Maharashtra? Tukaram Mundhe-led FDA bans ads, freebies and influencer promotions

Maharashtra’s Food and Drug Administration (FDA) has issued a strict compliance order banning advertisements, free samples, gifts and influencer promotions for infant formula and baby food, saying such marketing undermines breastfeeding and misleads parents.

The order has come into immediate effect and applies to every manufacturer, brand owner, importer, repacker, distributor, retailer, pharmacy, hospital supplier and e-commerce platform dealing in infant formula, milk food, follow-up formula, complementary baby food, traditional food, food for special medical purposes for infants and feeding bottles.

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What the new order bans

The directive, issued by Commissioner of Food Safety Tukaram Mundhe, came into force immediately and covers infant milk substitutes, infant foods, follow‑up formula, complementary and traditional infant foods, foods for special medical purposes for infants, and feeding bottles.

Under the order, companies and sellers cannot promote these products through:

• Advertisements on TV, print, websites, e‑commerce platforms and social media
• Free samples, gifts, coupons, cashback offers or discount campaigns
• Influencer promotions, cross‑promotions and messaging‑app marketing
• Sponsorships, hospitality, travel, registration or speaker fees to doctors, hospitals, pharmacies or medical associations linked to conferences, seminars or research

Violations can attract prosecution under the Infant Milk Substitutes (IMS) Act and the Food Safety and Standards Act, with fines of up to ₹10 lakh for misleading ads or unlicensed operations. The FDA chief warned of a fine of ₹5 lakh for substandard food and a penalty up to ₹3 lakh for misbranding of food.

Mandatory labels and packaging norms

The FDA has made it compulsory for every package to carry the notice “IMPORTANT NOTICE & MOTHER’S MILK IS BEST FOR YOUR BABY” prominently on the front.

Other labelling restrictions include no pictures of infants or women on packs, no terms like “humanised”, “maternalised”, “complete food” or “health food”, clear feeding instructions and a warning that complementary foods should be introduced only after six months, and a statement that the product should be used only on the advice of a health worker and with boiled water.

Products must also carry a valid FSSAI licence number and the BIS standard mark, and comply with the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020.

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30‑day self‑audit for companies

Manufacturers, importers and brand owners have been given 30 days to conduct a self‑audit of licences, product approvals, BIS certification, formulations, labelling and promotional practices, and submit a compliance declaration to the FDA.

The regulator has also advised parents to buy infant food only in sealed packages bearing the FSSAI licence number and BIS mark and to avoid products promoted through discounts or social‑media endorsements.