New Maharashtra Rules Restrict Infant Food Ads, Gifts and Promotions

MUMBAI: The Maharashtra Food and Drug Administration (FDA) has introduced stricter compliance requirements for infant formula, baby foods and feeding bottles, placing sweeping restrictions on how these products can be marketed, packaged and promoted across the state.

The order, issued on September 29, 2026, has immediate effect and applies throughout the supply chain, including manufacturers, brand owners, importers, repackers, distributors, retailers, pharmacies, hospital suppliers and e-commerce platforms.

Under the new requirements, companies cannot advertise or promote infant milk substitutes and specified infant food products through conventional or digital channels. Free samples, gifts, coupons, cashback offers, discount campaigns, influencer marketing and cross-promotional activities are also prohibited.

Mother’s Milk Warning Made Mandatory

One of the most visible changes concerns product packaging. Infant food products must prominently display the notice:

“IMPORTANT NOTICE – MOTHER’S MILK IS BEST FOR YOUR BABY.”

Labels must also provide appropriate feeding and preparation instructions. Packaging for complementary foods must clearly state that such products should be introduced only after the child reaches six months of age.

The FDA has additionally prohibited the use of pictures of infants or women on these products. Certain descriptions, including “humanised,” “maternalised,” “complete food” and “health food,” are also barred under the compliance order.

The order further requires relevant products to carry information about preparation, including instructions concerning the use of boiled water, feeding guidance and other safety information.

Advertising and Online Promotions Banned

The restrictions extend well beyond traditional advertising. The FDA has prohibited promotional activities involving infant milk substitutes, infant foods and feeding bottles across various platforms.

The banned activities include:

• Television, print and other advertisements
• Free samples and promotional gifts
• Coupons and cashback offers
• Discount campaigns
• Influencer and social media promotions
• Cross-promotional marketing
• Promotions through e-commerce marketplaces
• Promotional messaging through digital platforms

The FDA has specifically warned against attempts to use online platforms or indirect marketing methods to promote products covered by the rules.

Restrictions on Doctors, Hospitals and Medical Events

The order also targets promotional relationships between infant-food companies and healthcare institutions or professionals.

Companies are prohibited from providing sponsorships, hospitality, travel or registration benefits, speaker fees, grants or other financial benefits to healthcare workers, hospitals, nursing homes, pharmacies and medical associations in connection with conferences, seminars, workshops, continuing medical education, professional-development programmes or research activities.

The objective is to prevent commercial incentives from influencing how infant nutrition products are recommended or promoted.

New Requirements for Product Safety

The Maharashtra FDA has also strengthened requirements for traceability and safety monitoring.

Manufacturers, importers and brand owners are required to maintain batch-level traceability, complaint-handling mechanisms and adverse-event reporting systems. They must also have systems capable of recalling products when a safety problem is identified.

Hospitals, neonatal units, paediatricians and other medical practitioners have been asked to report suspected adverse events involving infant foods. Manufacturers are required to report serious adverse events within 48 hours, allowing authorities to investigate affected batches and take action when necessary.

New Rules on Ingredients and Health Claims

The FDA order also addresses the composition and marketing claims of infant food products.

The use of preservatives, added colours and flavouring substances in infant food products is prohibited under the stated requirements. Added sucrose may be used only when necessary and within the specified limit of 20% of total carbohydrates.

Companies also cannot make misleading claims such as “no added sugar” where those claims do not comply with applicable requirements.

The products must also be manufactured under the appropriate FSSAI licence, while applicable products must carry the required BIS standard mark and comply with the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020.

Penalties for Violations

The FDA has warned that businesses failing to comply with the requirements could face action under food-safety laws and the legislation governing infant milk substitutes.

Reported penalties include fines of up to ₹10 lakh for misleading advertisements or operating without the required licence, up to ₹5 lakh for substandard food, and up to ₹3 lakh for misbranded food.

Depending on the nature of the violation, authorities may also take measures such as seizure, confiscation, prosecution or suspension or cancellation of licences.

Why Maharashtra Has Tightened Enforcement

FDA Commissioner Tukaram Mundhe said infants and children below two years are particularly vulnerable consumers because they cannot independently decide what they consume and parents often depend on product labels and healthcare advice.

The FDA said inspections had identified products being marketed in ways that could bypass prescribed standards or required warnings. The new order is intended to strengthen enforcement across physical stores, healthcare settings and digital marketplaces.

The restrictions do not amount to a blanket ban on formula or infant-food products. Instead, companies selling products covered by the order must comply with the applicable manufacturing, labelling, safety and promotional requirements.

For parents, the new rules mean greater emphasis on checking product labels, preparation instructions and recommended age ranges rather than relying on promotional claims, discounts or influencer endorsements.

What Happens Next?

With the order taking immediate effect, manufacturers, retailers, healthcare institutions and online sellers dealing in infant nutrition products will need to review their packaging, marketing practices and compliance systems.

The Maharashtra FDA is expected to monitor compliance through inspections and enforcement actions, while adverse-event reporting and product traceability requirements could give regulators more information about potential safety problems.

The move represents a significant tightening of enforcement around infant nutrition marketing in Maharashtra and places greater responsibility on companies to ensure that their products and promotional practices comply with existing legal and food-safety requirements.