IMS act

Infant Milk Substitute Act (IMS Act)

Prof. S. Manazir Ali,

Neonatal Section of Department of Pediatrics Jawaharlal Nehru Medical College

AMU Aligarh

Email:manazir1958@yahoo.com

IMS act

• An Act to provide for the regulation of

production, supply and distribution of infant milk substitutes, feeding bottles

and infant foods with a view to the protection and promotion of breast- feeding and

ensuring the proper use of infant foods and for matters connected therewith or incidental thereto

Demands of newborn

• Warmth in the arms of its mother

• Food from her breast

• Security in the knowledge of her presence Breastfeeding satisfied all the above demands.

Objective of IMS Act

 Protect , Promote and support the breast feeding

 Prohibit any kind of promotion

 Educate pregnant and lactating mother regarding importance of breastfeeding and IMS act

 Restrict and control use of infant milk substitutes and infant foods

 Controlling the marketing and promotional activity of baby food manufacturers

 Define roles and responsibilities of health care institution and health workers

 Ensuring proper use of breast milk substitute

Myth Vs Reality of breastfeeding

Myth

• Stress makes milk dry so mother cannot feed

• Malnourished mothers cannot breastfeed

• Babies with diarrhoea needs water & tea

• Once breastfeeding stops it cannot be resumed

Reality

• Stress doesn't make milk dry mother can feed

• Malnourished mother can breastfeed

• Babies with diarrhoe does not need tea

Relactation can be resumed even after stopping the breastfeeding

Historical back ground of IMS act

Enacted in 1992 came into force on August 1^st 1993

Many loopholes

Department of Women & Child development formed National task force

Amendment bill to parliament in March 2002

Passed in Parliament in June 2003

Came into force from Jan1st 2004

Provision under IMS Act

• Infant milk substitute

• Feeding bottles

• Infants foods

Bottom line of IMS Act

Cows milk is good for calves Human milk is good for infants

Artificial feeds are almost good for nothing

Need for IMS Act

Foundation for filling the rights of the child

Provision of ideal nutrition to the babies age & species activity

Protection against infection, allergies

&asthma

Promotion of physical, mental & psychosocial growth & development

Enhancement of cognitive &

visual development

Preparing babies for better learning

Reduction of Under 5 mortality

Reduction of death of Low birth weight babies

IMS Act promote breastfeeding because of its advantages

Scientifically

 Physically superior

 Physiologically superior

 Biochemically superior

 Microbiologically superior

 Immunologically superior

 Psychological superior

 Epidemiological superior

 Epidemiologically superior

Impact on baby

 Greater immune health through antibody in colostrum

 Lower rate of infection

 Increase in IQ in later life

 Less chance of diabetese

 Reduce risk of obesity

 Less necrotizing enterocolitis

 Protect from SID

IMS act protects breastfeeding

Controlling the marketing & promotional activities of baby food manufacturers

Regulating production, supply and marketing baby food

Ensuring proper use of breast milk substitutes

Alternative feeds agreed criteria for use

• Mother is no more

• Mother is very sick (Temporary)

• Mother is relactating (Temporary)

• Mother is HIV + ve choses to use breast milk substitute

• Mother rejects infants (Temporary)

• Infant dependent on artificial feed (Temporary)

IMS act provision in feeding emergencies

Wars

• Breast feeding is safest

• Reliable choice

• Life saving

• Artificial feeds not recommended

Natural calamities

• Breast feeding is safest

•

• Reliable choice

• Life saving

• Artificial feeds not recommended

Key provision of IMA Act

No advertisement

No free samples

No free / subsidised supply of : IMS(Infant Milk Substitute)

Educational material related to these product to any person

No financial assistance of any kind

No commission to any sales persons and employees

Key provision of IMA Act (Cont)

 Clear guidelines for educational materials and

advertisements whether audio/ video dealing with pre

& postnatal care / infant feeding

Label of all IMS, feeding bottle should write in English or local language that “Breastfeeding is the Best”

No Poster display

No picture of women/infant /phrases on the labels that are designated to promote the sales of these product

Role of Health professionals under IMS Act

• Remove and destroy all advertisement related to infant milk substitute food

• Refuse to accept free samples

• Refuse to accept any gifts /compliments

• Avoid using growth charts e.t.c.with any on it

• Avoid sponsorship

• Don't give free samples / materials to mother

• Ensure mother do NOT SEE formula fees(If any used in hospital)

Duty of Health professionals under IMS Act

• Violation of cable TV –Report & ask operators to stop airing such things

• Provide Cable Operator with addresses of reporting agencies

• Start campaign for bottle free community

• Start protest campaign against any violating company

Duty of Health professionals under IMS Act (Cont.)

• Educate people about the IMS Act

• Involve local ICDS workers reach grass root level

• Hold public meetings, seminars, radio shows, TV

• Establish the links and spread the word

• Monitor marketing & report violation

Advertising

Gifts and free samples

Donation of products, educational material or equipment

Picture of baby or mothers etc on the labels Incomplete or incorrect information thought

educational material or advertisements

Sponsorships and making payments to heath workers and their associations

Providing commission to company staff to increase sales

IMS Act bans

Violation of the IMS Act occurs if any person :

 Promotes any food by whatever name for children up to two years.

 Promotes use of 'infant foods' before the age of six months.

 Advertises by any means--television,

newspapers, magazines, journals, through SMS, emails, radio, pamphlets etc.

 Distributes the products or samples of infant milk substitutes, feeding bottles and infant

foods to any person.

Contacts pregnant or lactating mothers.

Violation of the IMS Act occurs if any person

 Gives any kind of incentives like discounts or free gifts etc for the use or sale of infant milk substitutes, feeding bottles or infant foods to anyone.

 Distributes information and educational material related to

promotion of infant milk substitutes, feeding bottles and infant foods to mothers, families etc. (They can give educational material to

health professionals like doctors, nurses etc provided it has information prescribed in clause 7 of the IMS Act, 2003. The

education material should have only factual information and should not promote the products of the company).

 Labels tins, cartons, accompanied leaflets of these products with pictures of mothers or babies, cartoons, phrases or any other such images.

 Displays placards, posters in a hospital, nursing home, chemist shop etc for promoting infant milk substitutes, feeding bottles or infant foods

Violation of the IMS Act occurs if any person :

 Makes financial inducements or gifts to health workers or to any members of his family for the purpose of promoting the use of infant milk substitutes, feeding bottles or infant foods.

 Demonstrates to mothers or their family members how to feed these products. However, a doctor can demonstrate this to the mother.

 Gives pecuniary benefits to doctors, nurses or associations like IAP, IMA, NNF etc, for example, funds for organizing

seminars, meeting, conferences, contest, fee of educational course, sponsoring for projects, research work or tours.

 Fixs commission of employees on the basis of volume of sales of these products.

Violation of IMS Act

Where to report IMS Act violation

Breast feeding promotion network of India(BPNI)

Association of consumer Action on Safety and Health (ACASH)

Indian Council for Child welfare(ICCW)

Central Social Welfare Board (CSWB)

Penalties for violation of IMS Act

Imprisonment :

Not less than 6 month Up to 3 years

Fine

Not less than Rs 2000/

Up to Rs 5000/

Carry home message

• IMS act promote and protect the breastfeeding

• Regulate the production, supply and distribution of infant milk substitutes, feeding bottles

and infant food

• Educate the mother about pros & cons of IMS act

• Monitoring the Violation of IMS by health care staff