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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”

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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:


Promotion of baby foods at 4 months

Promotion of baby foods at 4 months

  • Infacare


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?


New cerelac with false health claims

New Cerelac with false health claims


Inducement to doctors continue even today

Inducement to doctors continue even today


2005 nestle continues to break the law

2005 Nestle continues to BREAK the law !


Global trends in preterm nutrition amravati org by nestle nutrition institute 13 march 2011

Global Trends in Preterm Nutrition, Amravatiorg by Nestle Nutrition Institute13 March 2011


Dexolac pamphlet

Dexolac Pamphlet


Infant foods sale at http www hushbabies com

Infant foods sale at http://www.hushbabies.com


Sponsoring health meetings

Sponsoring health meetings


Funding research in kem pune

Funding research in KEM Pune


Baby food companies undermining breastfeeding

Baby Food Companies Undermining Breastfeeding


Nestle nutrition institute conference organized at lucknow on 12 03 2011

Nestle Nutrition Institute Conference organized at  Lucknow on 12.03.2011


Ranch 14 april 2011

Ranch 14 April 2011


Waiting for justice

Waiting for justice !

  • Mothers and Children of India !


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