PHM-Exch> MNC Food Giant Nestle Charged for Violating of an Indian Law

Claudio Schuftan cschuftan at phmovement.org
Sat Mar 17 22:35:39 PDT 2012


From: Arun Gupta <arun.ibfan at gmail.com>


*Media Brief:*

*MNC Food Giant Nestle Charged for Violating of an Indian Law*

*New Delhi. 17 March,  2012.*****

A Court in New Delhi today charged Nestle India Ltd. for violating the *Infant
Milk Substitutes Feeding Bottles, and Infant Foods (Regulation of
Production, Supply and Distribution) Act 1992. (the Act).*

This was an order on a complaint filed 17 years ago, on 19th October
1994,against Nestle India Ltd. by Dr. Arun Gupta, representing Association
for Consumers Action on Safety and Health (ACASH).   *  *

According to the Court order pronounced in the open Court today the Nestle
India Ltd. was charged with violating several sections of the Act
pertaining to labelling on their products, and their advertisements
published in 5 magazines  i.e. ‘Sarita’, ‘Women’s Era’, ‘Parenting’, ‘Greh
Shobha’ and ‘Meri Saheli’.  Nestle India Ltd. the manufacturer and
marketing company of ‘Cerelac’, ‘Lactogen violated the provisions of Sec 3,
6(1)(a), 6(1)(c), and 7(1) of the Act. http://wcd.nic.in/infantmilkpact1.pdf
****

In February, 1995, the Hon’ble Court had taken Cognizance of this case. But
due to various reasons framing of charge was delayed as Nestle used
delaying tactics.****

According to Dr. Arun Gupta, “It is very important to enforce this law
effectively to protect mothers and children from the commercial influence”.
The Parliament of India enacted this Act to provide for the regulation of
production, supply and distribution of  infant milk substitutes , feeding
bottles and infant foods with the view to protection and promotion of
breastfeeding and ensuring the proper use of infant foods. According to Dr
JP Dadhich, a senior pediatrician of Delhi, “If you give misinformation
about the use of infants foods earlier than required, it can lead to their
inappropriate use which is actually harmful to infant health”****

*Contact for more information:  *Dr JP Dadhich 9873926751, Dr Arun Gupta
9899676306****
*
*

*IN THE COURT OF SH BHUPINDER SINGH: MM: ROHINI:ND*

 ****


                 CC
No.82/01****

                                                           Police Station:
Saraswati Vihar           ****

                                                                          U/s:
20 IMS Act 1992****

                             ****

                                            *CHARGE*

* *

           I, Bhupinder Singh, Metropolitan Magistrate, Rohini Courts,
Delhi do hereby charge you Nestle India Ltd. Through AR Sh. D.H. Kotak,
Sales Manager, Nestle India Ltd  as under:-****

*      *That on dated 19/10/94 or before you being manufacturer and
marketing company of Cerelac, Lactogen violated the provisions of Sec. 3,6
(1)(a), 6(1)(c), of The Infant Milk Substitutes, Feeding Bottles and Infant
Foods (Regulation of production supply and Distribution) Act 1992 by
printing the notice “BREAST MILK IS BEST FOR YOUR BABY” instead of “MOTHERS
MILK IS BEST FOR YOUR BABY” and by not printing the important notice in
Hindi Devnagari Script and also by not printing the information/ warning
that ‘Infant Milk Substitute or Infant food is not the sole source of
nourishment of an infant on the containers of Lectogen and also printed
“BREAST MILK” instead of “MOTHRS MILK” and important notice in Hindi
Version was smaller in size as prescribed size of 5mm on the container of
Cerelac and also all the mandatory information of Sec.7 (1) of IMS Act was
not incorporated in the advertisement of magazines like Greh Shobha,
Sarita, Womens Era, Parenting and Meri Saheli and thereby you have
committed an offence punishable U/s 20 (1) & 20 (2) of The Infant Milk
Substitutes, Feeding Bottles and Infant Foods (Regulation of production
supply and Distribution) Act 1992 and within my cognizance.****

       And I hereby direct you to be tried by this court for the aforesaid
offence.****

 ****



       (Bhupinder
Singh)****


                              MM/ Rohini/ Delhi****


           ****

17/03/2012           ****
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