Guarding Infant Health - The Dark Side Of Infant Milk Substitutes
Author: LawSphereX
Category: General Law
Published:
Updated:
GUARDING INFANT HEALTH: THE DARK SIDE OF
INFANT MILK SUBSTITUTES
Nathija S, BBA LLB (Hons), School of Excellence in Law, The Tamilnadu Dr. Ambedkar Law University, Chennai.
ABSTRACT
Breastmilk is often referred as “liquid gold” due to its uncountable nutritional value and numerous advantages to the baby. Breastmilk fosters bonding and comfort, it is convenient and eco-friendly. Its dynamic composition adapts to meet a baby’s changing needs, containing over 300 Essential nutrients and compounds. Inappropriate feeding practices lead to infant malnutrition, morbidity, and mortality in babies. Due to influence of social media the infant milk substitutes arises. The progression of infant milk substitutes constitutes a potential health hazard for society at large. The adoption of IMS Act to regulate production, supply and distribution of infant food, corporate companies always find its way to violate the act. It’s the role of the citizens to join hands to abandon the company's illegal and unethical practices and protect the breastfeeding practices.
Keywords: Infant milk substitutes, Breastfeeding, IMS Act, Infant health, Breastfeeding promotion, Infant Nutrition law
INTRODUCTION:
Adequate nourishment is the right of every child. The only best way to get healthy growth and development is through breastfeeding. It provides good health for mother and child based on biological and emotional basis. The information concerning breastfeeding and advantage for mother's milk has been reduced due to the extensive promotion of infants milk substitutes. To support and promote breastfeeding and decline this formula feeding , international community identifies those negative impact of infant's food manufacturers and breastfeeding movement started in 1960’s to make sure that they should stop promoting such food products. The World Health Assembly adopted International code for Marketing of breastmilk Substitutes (The Code). These codes aimed at curbing the manufacture of baby food that interfere with breastfeeding practices.
The government of the countries recommended to have this code. The 10th country is India to adopt ‘Infant milk substitutes, Feeding bottles and Infant foods (Regulation of Production, Supply and Distribution) Act,1992. This act aimed to regulate production, supply and distribution of infant milk substitutes, feeding bottles, or Infant foods, and guidelines for labelling and concerned information on infant feeding.
RESEARCH OBJECTIVE:
This paper aims to provide importance and to create awareness on declining rates of breastfeeding to infant babies over decades in India. Due to illegal tactics used by corporate companies to promote infant milk substitutes by celebrities and influence of social media has put down breastfeeding. Even though there is separate act for regulating infant milk substitutes, through the loopholes of regulatory framework corporate companies violates the law. To safeguard society from those unsafe hands, suggestions has been provided to encourage breastfeeding to decrease infant formula feeding.
RESEARCH METHODOLOGY:
The research method is Doctrinal. Information is gathered from secondary sources. The source of information are the laws enacted by the legislature, legal rulings, executive order, rules, and various regulations of administrative bodies. The secondary source includes books, newspapers, websites, and other publications. All these resources are used for subject analysis. The study will be descriptive and analytical in nature.
ORIGIN BEHIND IMS ACT,1992:
In 1979, when their daughter was born, both parents, being doctors and strong advocates of breastfeeding, aimed to exclusively breastfeed her for the first few months. However, they struggled after just a few days due to a lack of support from both family and the healthcare system. The prevailing bottle-feeding culture proved too dominant, and by 5-6 months, their daughter had to stop breastfeeding. The same situation occurred again in 1981 with the birth of their son. At that time, they began searching for information on how to successfully breastfeed but found nothing helpful. They noticed that while women were encouraged to follow breastfeeding guidelines, there was no practical support to help them do so, resulting in many failing to provide the best nutrition for their babies. Over the years, more women adopted bottle feeding as a modern practice.
A simple study conducted by the couple in 1983-84 in Jalandhar, where they lived and practiced, revealed that bottle-feeding was the standard method of feeding newborns and infants in all 17 maternity hospitals. Despite their efforts to advocate for change through personal discussions with doctors and placing posters in maternity facilities, their campaign had little impact. The commercial influence of the infant formula industry on healthcare professionals was evident as companies provided "free supplies" of formula and sponsored academic meetings. This support affected doctors’ attitudes, leading many to be unsupportive of breastfeeding or to overlook it due to a lack of accurate information.
Bottle feeding was not regarded as a health risk, and doctors’ understanding of breastfeeding and lactation management—concepts that gained prominence later—was as limited as that of the general public. Many doctors believed that exclusive breastfeeding was impractical and that supplementary milk feeds were necessary in the early days of a child’s life, making infant formula a convenient option. This false sense of knowledge became a barrier to providing proper breastfeeding support. During this period, individuals like Dr. Raj Anand from Mumbai, who was actively addressing consumer and breastfeeding issues, became involved. Dr. Anand was invited to Jalandhar amid the turbulent backdrop of terrorist violence in Punjab to discuss the baby food industry’s impact on infant feeding. Despite the tense atmosphere, he delivered his message boldly, surprising the audience.
That same year, the group joined the Voluntary Health Association of India (VHAI) in advocating for legislation to regulate the marketing practices of baby food companies. By 1986, their focus shifted towards changing hospital practices and effectively counselling mothers. In 1989, they established a significant connection with the International Baby Food Action Network (IBFAN) and participated in its 10th-anniversary Forum in Manila, which brought together
key figures in infant feeding issues. This event offered valuable training in breastfeeding and human lactation management, pursued despite skepticism from colleagues. In 1990, the author's wife also completed this training, equipping them with essential knowledge and skills that revitalized their efforts. Later that year, they decided to relocate to Delhi to collaborate with like-minded individuals on breastfeeding advocacy, leaving behind their 30-bed hospital in Jalandhar to embark on this new mission. In 1991, ACASH, IAP, and FOGSI organized a “Super-Trainer Workshop on Recent Advances in Human Lactation and Breastfeeding Management” at Wardha, where a key recommendation emerged to create a unified platform for breastfeeding advocacy. The participants named it the Breastfeeding Promotion Network of India (BPNI). On March 27, 1992, Dr. R. K. Anand, Dr. N. B. Kumta, Dr.
Tarsem Jindal, and a few others met for an informal dinner in Delhi and decided to pool resources to officially establish BPNI. Though initially uncertain about the challenges ahead, they agreed to move forward. BPNI soon grew into a volunteer-driven organization with zonal coordinators who were trained to promote breastfeeding practices. The group's first formal activities began the following year, including organizing World Breastfeeding Week (WBW) in India. BPNI then connected with the World Alliance for Breastfeeding Action (WABA) and was asked to act as the focal point for South Asia. Advocacy for the regulation of baby food marketing also became a central focus, leading to the enactment of the Infant Milk Substitutes, Feeding Bottles, and Infant Foods (Regulation of Production, Supply, and Distribution) Act (IMS Act) in 1992.
Over time, BPNI expanded its role in policy development, monitoring the IMS Act, and strengthening relationships with the government. In 1994, BPNI filed a complaint in Delhi on behalf of ACASH, marking its commitment to ensuring compliance with the Act. Despite early resistance, BPNI’s advocacy efforts gradually gained traction. By 1993, the National Family Health Survey included an indicator on exclusive breastfeeding, marking a significant milestone. In 2000, legislative protection for breastfeeding was further strengthened through the Cable TV Networks Amendment Act, banning advertisements for infant milk substitutes, infant foods, and feeding bottles on cable TV. BPNI also made its mark internationally, becoming a key player in the IBFAN movement, driving action in the South Asian region.
BPNI was recognized as a “Strong Regional Advocate” at the WABA Global Forum in Bangkok in 1996. The organization continued to receive accolades, including being part of IBFAN when it was awarded the Right Livelihood Award in 1998, motivating the team to further their efforts.
OBJECTIVES OF THE IMS ACT:
To protect infant from being exploited to infant milk substitutes, feeding bottles by commercial influencers. To create awareness of breastfeeding among mom to be. Protecting them from falling prey for false information and to increase the rate of breastfeeding. To provide proper guidance by health workers for understanding of unnecessary milk substitutes for infants.The food which infant consumes upto age of 2 years totally or partially replacementof mother's milk termed as infant milk substitutes. Consumption of food after age of six months to two years for infants is complementary foods.
MARKETING OF INFANT MILK SUBSTITUTES:
From the moment you announce your pregnancy, formula milk companies target you, exploiting your fears and insecurities to sell their products. They filtrate your online searches, healthcare interactions, and social networks, disguising marketing tactics as trustworthy advice. At a vulnerable time, you're bombarded with pressure to buy, when all you need is space to focus on your well-being and your baby's health. The aggressive marketing of commercial formula milk to babies and young children poses a significant threat to their health and development. Despite decades of research confirming breastfeeding as the optimal nutrition source, formula companies exploit parents' emotions, undermine women's confidence, and disregard the International Code of Marketing of Breast-milk Substitutes.
This harmful marketing, Discourages breastfeeding, Drives formula over-consumption, Adversely affects children's health and growth, Burdens families with unnecessary cost. Breastfeeding supports mother and child health, while formula milk should be reserved for those who are not able to breastfeed. It's time to hold companies accountable for violating the International Code and prioritizing profits over children's wellbeing.
BREASTFEEDING IN INDIA:
Despite India's reputation as a "breastfeeding nation," the reality falls short. Alarmingly, only 44% of newborns - approximately 12 million out of 26 million - are breastfed within the crucial first hour of life, according to national statistics. Instead, many infants are initially fed formula milk or animal milk, neglecting the optimal nutrition and health benefits of timely breastfeeding. The study conducted between children who exclusively breastfed without cow's milk with children who were given cow's milk were given partial breastfeeding. Results
indicates that children who given breastfeeding for a period of 6 months does not prevent the development of bronchial asthma in children of atopic families but delays. Decades of scientific research confirm that breastfeeding offers optimal benefits for infants and lifelong protection. Breastmilk provides ideal nutrition, safeguard against infections, allergies and asthma, fosters physical emotional and cognitive development, supports motor skills and social growth and reduces risk of adult diseases, and chronic diseases. Breastfeeding lays a foundation for a healthy life, infancy to adulthood.
CHALLENGES FACED IN BREASTFEEDING:
Breastfeeding is a complex process controlled by hormones. Prolactin regulates milk production, stimulated by frequent suckling, while oxytocin releases milk during nursing, influenced by emotions. After birth, mammary glands produce colostrum, a nutrient-rich milk essential for newborns. Although produced in small quantities, colostrum is often perceived as low production. This critical period requires immediate breastfeeding initiation. The baby food industry exploited this hormonal mechanism, launching campaigns associating low milk production with guilt. Promoting formula as a "safe alternative," these tactics eroded women's confidence in breastfeeding. Today, over 90% of women globally associate low milk production with guilt.
Gabrielle Palmer's book "The Politics of Breastfeeding: When Breasts are Bad for Business" exposes the industry's subtle yet systematic undermining of women's confidence. According to World health organisation that formula may irreversibly reduce breastmilk, complicating a return to breastfeeding. In November 2016, the UN Human Rights Commission emphasized the need to safeguard breastfeeding, highlighting that mother's often face obstacles due to inadequate support systems, knowledge gaps among healthcare providers, limited access to accurate information.
UNETHICAL PRACTICES OF CORPORATES:
Public eye, Swiss investigative organisation reveals that nestle added sugar 5gm per serving in Ethiopia and 6gm in Thailand in product of wheat -cereal based six month old babies where the same product sold Germany, France and UK contains no sugar. The sugar contains in baby food products likely to cause increase the risk of developing obesity and other chronic diseases reported by WHO. Nestle has never concerned about the double standard it made in bay food manufacturing and when asked it didn't pay Attention to public eye and IBFAN. Instead the spokesperson of nestle stated, the sugar added in cereals has been reduced by 11% in total
amount over 5years. The sugar levels were identified in laboratory testing in Belgian by samples belonged to Asia, Africa and Latin America. Especially celebrities who have been promoting infant food over the years which are high in sugar and harmful ultra processed foods that are causing inherent dangerous to consume that result in avoidance of breastmilk by babies. Additionally, it degrades the breastfeeding practices which violates mother's right of breastfeeding and right to child life and health.
SUGGESTIONS AND KEY FINDINGS:
India’s food regulatory laws has some loopholes that hinder effective enforcement of those laws. Lack of strict mechanisms allow market to flood the market with illegal practices which put society at greater harm. The government is been committed for protecting, promoting and support breastfeeding. As a citizen, we can help in certain ways are seeking proper and correct scientific information about young child feeding to eradicate the health hazard of using infant milk substitutes, feeding bottles and infant foods. By creating public awareness to form groups or work with NGOs on promotion, protection and support of breastfeeding. People can observe the practices in hospital, clinics, and chemist shops and report violation to right authorities.
CONCLUSION:
Breastfeeding is the optimal nutrition source for babies. Formula marketing undermines women's confidence and discourages breastfeeding. The preventive measures and punishment should be strictly imposed on violation of the act. Collective action is necessary to prioritise children's health and well being.
REFERENCES:
www.unicef.org - multi country study examining the impact of BMS marketing • Bpni.org -Bpni bulletin October 2003 • Laurence RA. Human milk as the gold standard for infant feeding. J obset Gynaecol India 1999;49:30-34 • Times of India -nestle added sugar to infant milk sold in poorer nations but not in Europe & UK dated 18 April 2024 • News 18-Report Says nestle Adds Sugar to infant food ‘only in Poor Nations’,Not in UK & US dated 18 April 2024 • Undermining law, breastfeeding? Businesses ‘using’ celebrities to promote baby food dated 22 May 2023