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Maharashtra FDA Tightens Infant Food Rules: Formula Ads, Influencer Promotions and Free Samples Banned

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Maharashtra FDA rules on infant formula and baby food advertising
Maharashtra FDA has tightened compliance rules covering infant formula baby foods and related promotional practices

Mumbai: The Maharashtra Food and Drug Administration (FDA) has tightened the rules governing the marketing and promotion of infant foods, including formula milk and other products used in infant nutrition. A comprehensive compliance order issued on September 29 has prohibited a range of promotional practices, including advertisements, free samples, gifts, cashback offers, influencer campaigns and social-media promotions for covered infant food products.

The move puts manufacturers, brand owners, retailers, hospital suppliers, pharmacies, e-commerce platforms and other stakeholders under greater scrutiny. The order also addresses promotional activities involving healthcare professionals and institutions. The stated focus is on compliance with food-safety and infant-nutrition rules and on preventing misleading or indirect promotion of products intended for babies.

What has Maharashtra FDA banned?

According to reports on the FDA’s September 29 order, advertising and promotional activity for formula milk and infant foods is prohibited. The restrictions include conventional advertising as well as several newer forms of digital marketing. Free distribution of samples, gifts, coupons and cashback schemes are among the practices covered, while influencer-based promotion and social-media marketing are also specifically restricted.

  • Advertising of covered infant formula and infant food products.
  • Free samples and promotional giveaways.
  • Gifts, coupons and cashback-linked promotion.
  • Influencer marketing and endorsements.
  • Social-media and messaging-based promotional campaigns.
  • Promotional arrangements involving hospitals, doctors and medical associations in the circumstances covered by the order.

The The Week report on the order said the restrictions apply across Maharashtra and cover a broad range of stakeholders involved in the manufacture, distribution, sale and promotion of infant nutrition products.

Which products are covered?

The compliance framework covers infant milk foods and follow-up formula, complementary infant foods, foods intended for special medical purposes and feeding bottles, according to reports on the order. This means the issue is broader than formula milk advertising alone and includes several products and promotional channels associated with infant feeding.

Maharashtra FDA’s food administration page lists the Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020 among the food regulations implemented in the state in coordination with the Food Safety and Standards Authority of India (FSSAI). The state FDA is responsible for enforcing food-safety legislation and applicable regulations in Maharashtra.

Readers can refer to the Maharashtra FDA Food Administration page for information on the state’s food-safety enforcement framework and the infant-nutrition regulations.

New labelling and packaging requirements

The order also places emphasis on product presentation and labelling. Reports say covered packages must prominently carry the message “IMPORTANT NOTICE – MOTHER’S MILK IS BEST FOR YOUR BABY”. Complementary foods are also expected to carry appropriate information about their use after six months.

Restrictions also extend to imagery and wording that could make infant products appear to be a substitute for breastfeeding or create an exaggerated impression about their nutritional role. Reports on the order say certain images of infants or women and promotional expressions such as “humanised,” “maternalised,” “complete food” and “health food” are prohibited in the circumstances covered by the applicable rules.

Doctors, hospitals and medical events also in focus

The new compliance direction is not limited to consumer-facing advertisements. It also addresses relationships between infant-food companies and healthcare professionals or institutions. Reports say sponsorship, hospitality, speaker fees and grants connected with promotional activity involving doctors, hospitals or medical associations, including certain conferences, seminars, continuing medical education programmes and research activities, are prohibited under the order.

The wider aim is to prevent indirect promotion through trusted healthcare settings. That makes compliance relevant not only to manufacturers and retailers but also to institutions that may receive promotional support or participate in product-related activities.

E-commerce platforms and influencers face greater scrutiny

Digital commerce and social media are an important part of the new enforcement focus. E-commerce platforms, retailers and influencers can play a role in how parents discover and purchase infant products, and the order specifically addresses promotional activity through these channels.

For influencers, the practical implication is that a paid campaign, endorsement or promotional message for a covered infant-food product cannot simply be treated as ordinary lifestyle content. Brands and creators will need to examine whether proposed campaigns fall within the prohibited promotional activity under the applicable rules.

30-day self-audit for businesses

Manufacturers, importers and brand owners have been directed to conduct a self-audit within 30 days, according to reports on the compliance order. The FDA has also directed its field machinery to map the supply chain and undertake risk-based inspections.

This creates an immediate compliance checklist for companies operating in Maharashtra. Businesses need to review packaging, advertisements, influencer contracts, social-media posts, promotional offers, free-sample programmes, retailer campaigns and arrangements with hospitals or healthcare professionals. Digital content can remain online long after a campaign has ended, so companies may also need to review existing promotional material rather than only future campaigns.

Penalties for violations

Reports on the FDA action say violations involving misleading advertisements and substandard food can attract penalties of up to ₹10 lakh under the applicable food-safety provisions. The exact legal consequence will depend on the nature of the violation and the provisions applied in an individual case.

The New Indian Express report also reported the prohibition on free samples, gifts, cashback, influencer promotion and social-media promotion and cited the potential penalties described by the FDA.

Why this matters for parents

For parents, the change primarily affects how infant-food products can be marketed rather than creating a general ban on the sale of formula or other infant foods. Parents should continue to follow advice from qualified healthcare professionals regarding infant feeding, particularly where a baby has a medical or nutritional need.

The distinction between information and promotion is especially important online. A product appearing in a social-media video, influencer post or promotional campaign may reach parents in a format that looks like personal advice. The Maharashtra FDA’s new restrictions seek to place tighter boundaries around such promotional activity.

What businesses should check now

  • Review all infant-formula and baby-food advertising currently running in Maharashtra.
  • Audit influencer and social-media campaigns involving covered products.
  • Stop prohibited free-sample, gift, coupon and cashback promotions.
  • Review packaging and labelling for required notices and prohibited wording or imagery.
  • Examine promotional arrangements involving hospitals, doctors and medical associations.
  • Review e-commerce listings and promotional offers for compliance.
  • Complete the required self-audit within the prescribed period and retain compliance records.

Maharashtra FDA’s broader food-safety push

The infant-food order comes as Maharashtra’s FDA continues a broader enforcement drive covering food quality, licensing, inspections and consumer safety. The department describes itself as the state’s regulatory authority for food safety and says it implements the Food Safety and Standards Act, 2006 and related regulations in coordination with FSSAI.

For more updates on health and food-safety developments, readers can follow NewsNationOnline’s Health & Fitness section and Maharashtra News section.

The bottom line

Maharashtra’s latest compliance order significantly tightens the rules around how infant formula and related infant-food products can be promoted. Advertising, free samples, gifts, cashback, influencer campaigns and social-media promotions are among the activities targeted, while packaging, healthcare-sector relationships and e-commerce channels are also under scrutiny.

The immediate responsibility now falls on manufacturers, importers, retailers, healthcare-linked institutions, e-commerce businesses and promotional partners to review their practices and comply with the order. Enforcement will determine how the new requirements are applied across the state’s infant-food supply chain.

This report is based on the Maharashtra FDA’s regulatory framework and reports published on September 29–30, 2026. Readers and businesses should refer to the applicable government order and regulations for the precise legal requirements in individual cases.

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Imran Siddiqui

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