Campaigners claim victory as crackdown on ‘closer to breastmilk’ infant formula promotions is announced in the UK

Press release 12 March 2007

[For links to supporting documents and hi-resolution images see on-line version at:
 http://www.babymilkaction.org/press/press12march07.html]

New guidance to Trading Standards officers informing them that health claims widely used to promote infant formula are ‘non-compliant’ with legislation is being claimed as a major step forward to protect infant health and a mother’s right to independent information. It has also been spelt out to companies that they can no longer claim that their formulas help a child’s natural immune system or that additives such as Long Chain Polyunsaturated Fatty Acids (LCPs) are important for development, a claim that an independent review of research finds is not substantiated.

Companies appear to have accepted they must re-design their labels and scrap promotional campaigns with immediate effect. Some of the same companies, however, have successfully blocked similar prohibitions recently introduced in the Philippines (see website for details).

Illegal claims such as those on packs pictured on the Baby Milk Action website will no longer be tolerated. Including:

'Now even closer to breast milk',
'Closer than ever to breastmilk',
'Prebiotics support natural defences',
'Helps brain and eye development'

UK Trading Standards were recently informed by LACORS (Local Authorities Coordinators of Regulatory Services) of an update to guidance first issued in 1997 following the adoption of the Infant Formula and Follow-on Formula Regulations 1995. The law contains an annex of claims such as ‘iron enriched’ that are permitted on the labels of infant formula. The Law clearly states that ONLY these claims may be made. However, companies ignored this Annex and claimed that the Law lacked clarity and Trading Standards did nothing to stop the profusion of illegal claims until now.

Baby Milk Action and partners in the Baby Feeding Law Group (BFLG – consisting of all major UK health professional and mother support groups) have been monitoring company practices since 1997 and calling for the authorities to prosecute companies guilty of illegal promotion. Last month it launched an exposé, Hard Sell Formula (which can be downloaded from the website), in support of its call for the law to be strengthened and for the promotion of follow-on milks to be stopped. In response to the BFLG campaign, the Government gave a commitment in its 2004 public health white paper, Choosing Health, to strengthen the law. In 2005 two surveys, one by the Department of Health and one by UNICEF and the National childbirth Trust, found that the claims had influenced parents perception and that over one third (34%) of British mothers believed that infant formula is the same or almost the same as breastfeeding.

Mike Brady, Campaigns and Networking Coordinator at Baby Milk Action, said

“This is a major victory for infant health and will protect ALL mothers. Mothers have a right to accurate and independent information, whether they breastfeed or use formula. However it appears that companies only plan to make the change to infant formula labels and will not stop the misleading claims which appear on follow-on formula and in advertising which promotes the brand names for the full range of products. If the Government is serious about protecting a mother’s right to independent information and achieving its targets for increasing breastfeeding rates, then it has ensure that these claims are stopped and that the revised legislation outlaws all promotion of baby milks wherever it occurs."

Further information, contact Baby Milk Action on 01223 464420 or Mike Brady on 07986 736170 or Patti Rundall on 07786523493
Email:  mikebrady@babymilkaction.org or
Belinda Phipps, National Childbirth Trust on 07976272305.

Notes for editors

1. The LACORS new guidance makes it explicit that the ban on health claims includes the following widely used examples: Omega 3 LCPs for development. Nucleotides help growth and the immune system. Beta-carotene helps the immune system, Prebiotics supporting baby's natural defences, Closer than ever to breast milk.

2. The UK Infant Formula and Follow-on Formula Regulations 1995 are a partial implementation of the World Health Assembly International Code of Marketing of Breastmilk Substitutes, adopted in 1981 with the support of the UK. The Assembly regularly calls for governments to take action to implement the Code and subsequent Resolutions. In 2005, after evidence was presented by Baby Milk Action and partners, the Assembly said in Resolution 58.32 that it was: “Concerned that nutrition and health claims may be used to promote breast-milk substitutes as superior to breastfeeding”.

3. The UK has breastfeeding rates amongst the lowest in the industrialised world. Despite government commitments to improve breastfeeding rates there has been little change, with initiation rates of just 71%, meaning over a quarter of infants receive no breastmilk at all. Breastfeeding rates then decline rapidly as the promotion exposed in Baby Milk Action’s recently launched Hard Sell Formula pamphlet undermines breastfeeding and encourages mothers to use formula (available at www.babymilkaction.org). In the UK few infants are breastfed at 6 months. Government figures show just 42% are breastfed at 6 WEEKS.

4. In its Public Health White Paper, Choosing Health, the Government stated: “Further action will include the review of the Infant Formula and Follow-on Formula Regulations (1995) with a view to further restrict the advertising of infant formula. We will continue to press for amendments to the EU Directive on infant formula and follow-on formula.” While the Government did push for changes to the EU Directive, its efforts largely failed. However, legal experts agree that the Directive does not prevent the Government taking action to protect health by introducing World Health Assembly marketing requirements in UK law.

5. A Department of Health survey in 2004 found that 34% of mothers incorrectly believed that modern infant formula milks are very similar or the same as breast milk (see ‘Myths stop women giving babies the best start in life’)

6. The UK Baby Feeding Law Group is an adhoc group of health professional and lay organizations working to bring UK and EU legislation into line with the International Code of Marketing of Breastmilk Substitutes and subsequent relevant WHA resolutions. Its members are: The Association of Breastfeeding Mothers, the Association for Improvements in the Maternity Services, the Association of Radical Midwives, Baby Milk Action, the Breastfeeding Network, the Food Commission, the Community Practitioners and Health Visitors’ Association, Lactation Consultants of Great Britain, La Leche League (GB), Little Angels, Midwives Information and Resource Service, the National Childbirth Trust, the Royal College of Midwives, the Royal College of Nursing, the Royal College of Paediatrics and Child Health and the Unicef UK Baby Friendly Initiative.

7. The Pharmaceutical and Healthcare Association of the Philippines has taken Department of Health there to the Supreme Court, claiming it did not have the right to introduce regulations containing similar bans to the new UK guidance and other provisions (see website for details).