Breastmilk sale by two companies prompts demand for a law barring practice

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Breastfeeding Promotion Network of India (BPNI), the body monitoring a law related to marketing of infant milk substitutes, wants Parliament to enact legislation banning the commercialisation of mother’s milk. This comes after two companies were found selling breast milk products.

Recently, the Union AYUSH (traditional medicine) ministry had cancelled the licence of Neolacta Life Sciences, the Indian arm of a UK-based company, for manufacturing products derived from human milk under the garb of Ayurveda. The firm has now challenged the order in the Karnataka High Court.

In another case, the Union health ministry had suspended the licence of another health-tech start-up, Neslak Biosciences, for selling ‘HapiNes’, which is breast milk freeze-dried into ready-to-use powder, on the charges of violating the Food Safety and Standards Act, 2006.

Under the act, processing and sale of human milk is not permitted but companies are obtaining licences from the Food Safety and Standards Authority of India claiming they are for dairy products. They then sell and market powdered forms of human milk to parents of new-born babies.

“This practice has emerged over the last few years and we feel that the existing law does not explicitly prohibit selling any form of human milk, which is being exploited by some food business operators,” said Arun Gupta of BPNI.

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BPNI has been responsible for monitoring and implementation of the Infant Milk Substitutes, Feeding Bottles, and Infant Foods (Regulation of Production, Supply and Distribution) Act since 1995.Lobbying for a new law

In a letter written to the health ministry, the BPNI has cited a written reply submitted in Parliament last July that said the “commercialisation of human breast milk in India is not allowed.

“Donation of human breast milk is to be done freely and voluntarily without any monetary benefits to the donor and with an understanding that the donated milk may be used free of cost to feed the new-borns/infants of another mother admitted in the hospital”, Union minister of state for health Bharati Pravin Pawar had said in the reply.

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 is to be provided to newborns or infants admitted in a health facility with a comprehensive lactation management centre, after all the procedures enlisted in the guidelines are followed, says the norm.

Commercialisation concerns 

However, the recent trend involves companies converting human milk into powder form before marketing and selling them.

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The letter also mentions that the National Neonatology Forum also holds a similar opinion and in a statement issued two months back, had expressed deep concern about companies commercialising human milk.

“We strongly condemn any attempt, overtly or covertly, to commercialise human milk or its products,” it had said. “It is our earnest request to the Government of India and the concerned departments to take appropriate steps to prevent the sale of human milk and its products, and protect the rights of the newborn infants and their lactating mothers".

The body has stressed that selling human breast milk is not equal to breastmilk banking and is instead creating a market for human breast milk and its products.

“The other argument is the moment it is converted to powder form, it has to be used by dissolving in water and can be unsafe for newly born babies,” the letter, addressed to health secretary Rajesh Bhushan, adds.

“BPNI, therefore requests the ministry of health and family welfare to initiate action for a Bill in Parliament that would ban any commercial sales of human breast milk,” says the letter. “This is critical to ensure ethical standards and the safety of newborn babies.”