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IMS Act: “Justice delayed Justice Denied” . Dr. Arun Gupta Rohtak 17 April. 2011. History. The world recognizes that commercial promotion undermines breastfeeding 1981 : World Health Assembly adopts International Code of Marketing of Breastmilk Substitutes.

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ims act justice delayed justice denied

IMS Act: “Justice delayed Justice Denied”

Dr. Arun Gupta

Rohtak

17 April. 2011

history
History
  • The world recognizes that commercial promotion undermines breastfeeding
  • 1981 : World Health Assembly adopts International Code of Marketing of Breastmilk Substitutes
india enacted a law in 1992
1992:Bill 41 of 1992was enacted

“Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992’(IMS Act)

It was strengthened by an amendment in 2003

Cable TV networks Act in 2000 banned all TV ads

All Parties supported it.

ACASH and BPNI gazetted as NGOs

India enacted a Law in 1992
1994 nestle promotes cerelac for use during 4 th month of life
1994: Nestle promotes Cerelac for use during 4th month of life

Here is bold and underlined statement from this advert to use Cerelac during 4th month

1994 nestle did wrong labels
1994 : Nestle did wrong labels
  • Used ‘Breastmilk’ instead of ‘mothers milk.
  • Did not use Hindi in labels of its infant milk substitute ‘Lactogen’
  • Incorrect label on ‘Cerelac’
complaint filed against nestle
Complaint filed against Nestle
  • October 1994 : complaint filed in MM court Delhi on behalf of AASH, by authorised Representative Dr Arun Gupta.
cognizance taken in 1995
Cognizance taken in 1995
  • Feb 1995 : cognizance taken by the Hon Judge, “ ….(4) On perusal of the record and testimony of CW 1 it is clear that there are sufficient matter on the record to summon the accused persons for the violation of section 6(1)(a), 6(1(c) of the Act read with the rule 6 and 7 punishable u/s.20(2) of the Act. ….”
nestle filed a writ petition in hc
Nestle filed a Writ Petition in HC
  • To challenge the constitutional validity of the IMS Act.
  • 2004: Asked another prayer to quash the lower court case filed by Arun Gupta on behalf of ACASH.
  • 2011: Order reserved
delaying tactics begin
Delaying tactics begin
  • 1996-97 : Did not appear in Court
  • Then I was asked by the Judge to file application under section 311
  • Nestle used this for almost a decade not to allow discussion on this .
  • Time and again Nestle would say they have pending case in HC
  • 1998 Justice Lahoti gave a judgment in HC that lower court case to proceed.
delay continues
Delay continues
  • 2001: It took many years to revert and order was passed to proceed the matter.
  • 2002: Nestle filed a revision petition in Sessions Court, and was dismissed.
  • 2003: Case property goes missing
  • Enquiry revealed nothing and clerk was dismissed.
delay continues1
Delay continues
  • Court shifts from Tis Hazari to Rohini
  • Three time Judges have changed
  • Argument to charge is going on
  • 16 July 2011 next hearing on framing the charge.
2011 still waiting
2011 : still waiting
  • For Justice
  • Nestle in the high court : Added another prayer asking to quash the proceeding s between 1994 -1997 saying they are confused between two legislations IMS Act and PFA
  • In the lower court they are fighting on lost property and saying that adverts may have been given by some one else to tarnish their image
success of our campaign curbed promotion
Success of our campaign: Curbed promotion
  • It has been effective in curbing the promotional activities of baby food companies in the health care system, directly to public through print and other media.
  • Here are some of the earlier promos:
association with misinformation
Association with Misinformation

‘Meri Saheli’ a Hindi Magazine, a leading Gynecologist of Mumbai recommends that other foods should start at 3 months and all that surrounded by “Nestle Cerelac”

heinz s farex promoted defying the law
Heinz’s “Farex”’ promoted defying the law

What do you see the best in this picture? And what is second best?

waiting for justice
Waiting for justice !
  • Mothers and Children of India !
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