FSSAI asks state bodies not to issue licences to firms commercialising human milk

Apex food regulator's latest advisory clarifies illegality of human milk processing and sales, warning of strict action under Food Safety Act.

FSSAI takes U-turn on its advisory on A1 and A2 labels | Representational image

New Delhi: The Food Safety and Standards Authority of India (FSSAI) — the country’s apex food regulator— has clarified that it has not authorised processing or sale of human milk and directed state licensing authorities to refrain from granting licences for the same.

In an advisory issued Friday, FSSAI said it received representations from various registered societies regarding the commercialisation of human milk and its products. “…it is advised that all such activities related to the commercialisation of human milk and its products should be immediately stopped,” said the advisory, a copy of which is with ThePrint.

The FSSAI has cautioned that any infringement may result in punitive measures under the Food Safety and Standards Act, 2006 and its associated regulations, which prohibit such activities. 

According to the national guidelines on Lactation Management Centres (LMC) in public health facilities, donor human milk cannot be used for any commercial purpose. It should only be provided to newborns or infants in health facilities equipped with comprehensive lactation management centres, following all prescribed procedures.

Commercialisation concerns 

Over the past decade, several companies have emerged that process human milk into powder form for marketing and sales purposes.

In some instances, FSSAI issued licences to companies, which obtained it under guise of dairy product commercialisation, only to discover later that they were selling powdered human breast milk acquired from economically disadvantaged women. 

The Breastfeeding Promotion Network of India (BPNI) — responsible for monitoring and implementation of Infant Milk Substitutes, Feeding Bottles, and Infant Foods (Regulation of Production, Supply and Distribution) Act since 1995 — said it has been calling out companies involved in such commercial processing and marketing of human milk products. 

“It took quite some time for the FSSAI to cancel the licence of Neolacta (a Bengaluru-based arm of a company from the UK), involved in the commercialisation of human milk,” BPNI’s central coordinator Dr Arun Gupta told ThePrint. He pointed out that the company later got a licence from the Ayush ministry, which was also revoked following BPNI’s complaint. The company, however, has challenged the central government in the Karnataka High Court.

“We urge the Ayush ministry to submit their response to the Karnataka High Court using this advisory in the court. Market forces should never drive commercialisation of human milk and human nutrition in general,” said Gupta.

According to him, there was another company, Neslak, which had a similar business. “Such profit-driven companies have misled the government bodies in the disguise of helping mothers and newborns. Hope this advisory puts an end to such efforts,” he added.

ThePrint reached Neolacta and Neskak via emails for comment on the latest development but failed to get a response. This report will be updated if and when a response is received.

Meanwhile, Gupta stressed that the latest advisory and the government position would give a befitting answer to these “profit-driven unethical companies”.

(Edited by Richa Mishra)