​In a recent development, the Food Safety and Standards Authority of India (FSSAI) has reversed its earlier stance on monitoring violations of the Infant Milk Substitutes (IMS) Act. Despite a 2020 advisory directing food safety officers to oversee compliance with the IMS Act, FSSAI now asserts that enforcement of this Act falls outside its jurisdiction and is the responsibility of the Ministry of Women and Child Development.

This shift has raised concerns among health advocates, particularly the Breastfeeding Promotion Network of India (BPNI). BPNI highlights that the IMS Act explicitly empowers food safety officers to act against violations, including unauthorized promotion of infant formula. They argue that FSSAI’s withdrawal creates a regulatory gap, potentially allowing baby food companies to engage in unchecked marketing practices.

The IMS Act is designed to protect and promote breastfeeding by restricting the marketing of infant milk substitutes. BPNI has urged the Prime Minister’s Office to reassign enforcement responsibilities from the Ministry of Women and Child Development to the Ministry of Health, aiming for more effective oversight and alignment with public health objectives.

This policy reversal has sparked a debate on the roles of regulatory bodies in safeguarding infant nutrition and the enforcement of laws intended to support breastfeeding practices in India.​

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