FSSAI Flip-Flops, Says It Can’t Regulate Baby Milk Products Now

The Food Safety and Standards Authority of India (FSSAI) has done a total U-turn, claiming it doesn’t have the power to enforce the Infant Milk Substitutes (IMS) Act—a law that controls how baby food gets marketed. This goes against a 2020 advisory where FSSAI told food safety officers to keep an eye on rule-breakers, according to a TOI report. They spilled this new stance on April 1, answering a Right to Information (RTI) request from March 2025 that asked about enforcement steps, officer training, and monitoring reports under the IMS Act.

In their reply, FSSAI said the Ministry of Women and Child Development is the one supposed to handle the IMS Act—not them. That’s a big switch from September 2020, when they told state food safety officers and central licensing folks to watch baby food companies for shady promo moves.

What the 2020 Advisory Said

Back in 2020, FSSAI leaned on Section 100 of the Food Safety and Standards Act, 2006, plus parts of the IMS Act, to give food safety officers the green light to file complaints against violators. They told state and union territory officials to check baby food products and marketing by food businesses, including any linked non-profits or groups.

The IMS Act bans all ads or promos for baby foods for kids under two. Section 12 lets food safety officers or special Class I officers search places if the law’s broken. Section 21 says courts only step in if a food safety officer, named under Section 42(5) of the Food Safety Act, writes up a complaint.

Why This Flip Matters

The Breastfeeding Promotion Network of India (BPNI) says FSSAI’s new line doesn’t match the law, which clearly gives food safety officers power to enforce the IMS Act. “FSSAI’s take goes against what the law says—those officers are supposed to protect baby health,” BPNI stated. They’re worried this mix-up leaves a hole, letting baby formula companies sneak through with stuff like sponsorships and promos.

Push to Move Enforcement

BPNI’s been tracking IMS Act slip-ups since the government tapped them for it in 1995. They’re upset about ongoing enforcement gaps and want the Prime Minister’s Office to shake up the rules on who does what. They’re pushing to hand the IMS Act job over to the Health Ministry instead of Women and Child Development.

They think the Health Ministry, with its medical know-how and big role in public health, is a better fit. “Switching this up is key to keeping India’s breastfeeding promise alive and hitting health goals—like getting more moms to start breastfeeding early, which is stuck at just 41%,” BPNI said.