Lack of action by UK authorities means violations of the international marketing requirements are systematic.

The International Baby Food Action Network (IBFAN) contains monitoring results from 67 countries. Activities in the UK by Cow & Gate are highlighted as particularly bad. They demonstrate that where governments do not act to protect their citizens, companies treat the marketing requirements with contempt.

The profile for NUMICO, the parent of Cow & Gate, can be accessed on the IBFAN website by clicking here.

Click on the image for a larger version of the profile extract.

Claims not on permitted list :

"With prebiotic care."

Idealizing image:

Humanized bear image. (On the milk for older babies the bear is replaced by an almost identical baby).

Since being reminded that claims such 'Prebiotics supporting baby's natural defences' are 'non-compliant with the legislation, NUMICO has launched a Cow & Gate promotion showing infants and young children protected by an 'immune system' umbrella.

This was found displayed on shelves where all formulas in the range are displayed.

As the UK law provisions on claims refer specifically to infant formula, the products shown on the shelf talkers are follow-on formulas. The International Code prohibits point-of-sale promotion for any breastmilk substitutes.

Results from BFLG's monitoring system shows that violations involving Cow & Gate formula (a brand of NUMICO) are widespread and systematic.

During National Breastfeeding Awareness Week (14-20 May 2006), NUMICO advertised its Cow&Gate brand in parenting magazines offering pregnant women £90 in vouchers as an inducement to sign up to receive information on infant care - including infant milks - from the company. The advertisement shown is from Mother and Baby, cover date June 2006.

Cow & Gate formulas are advertised and promoted in breach of Article 5.1 of the International Code of Marketing of Breastmilk Substitutes. There is a good case to be made that some, indeed most, of these promotions also breach the narrower UK Infant Formula and Follow-on Formula Regulations 1995, though the enforcement authorities are yet to bring a case.

Cow & Gate if perhaps the most aggressively marketed formula brand in the UK at present. A poster campaign has been running for the past year promoting Cow & Gate formula in shopping centres, bus stops and leisure centres.

The advertisements idealise Cow & Gate formula suggesting: 'Prebiotics support your baby's natural defences (even against bugs)'.

Research shows, however, that even in the UK infants fed on formula are more likely to suffer from illnesses such as gastroenteritis.

The small print of the advertisement states 'Breastfeeding is best for your baby' and suggests that Cow & Gate Step Up, the specific formula pictured should not be used 'as a breastmilk substitute before 6 months.'

However as breastfeeding is recommended by the World Health Assembly and UK Department of Health into the second year of life and beyond, this product is also a breastmilk substitute and its promotion is prohibited by the Article 5.1 of the International Code.

Alongside the poster campaign described above, pamphlets have been distributed. This one was on the counter in a leisure centre.

As well as promoting the Cow & Gate brand, mothers are offered 30 pence off a pack of Cow & Gate formula.

Such inducements are specifically prohibited by the International Code.

The Cow & Gate logo that dominates on the pamphlet is used on all products in the range of formula.

The authorities have taken no action as the packshot is a follow-on milk, rather than the similarly packaged infant formula.

The Cow & Gate brand appears regularly in magazine features, where the brand name, formulas, careline and website are promoted.

The example right is from Mother and Baby Magazine April 2005 and purports to be a competition.

For a chance of winning a prize worth £3,000 mothers are asked to answer the question: "What is the name of the special nutrient that Cow & Gate has included in its follow-on milk?"

The red box with the heading 'All about prebiotics' gives the answer and mothers are encouraged to call the Cow & Gate careline to find out more.

Advertising follow-on milks violates the International Code.

The UK authorities take no action over such promotion because the advertising ban applies only to infant formula in UK Law and only the follow-on milk is explicitly mentioned. Yet, as explained above the packshot is virtually identical and all packs promote the fact that the formula contains 'prebiotics'.

The Baby & You magazine advice column is published 'in association with Cow & Gate' - the name appearing in the style of the logo used on the infant and follow-on formula.

Advice columns such as this often contain incorrect advice and promote products. For example, this column encourages mothers to give juice to 4 month old babies, an 'answer' linked to the launch of a new Cow & Gate branded fruit juice, labelled for use from 4 months. Since 1994 the World Health Assembly has said complementary feeding should be fostered from 6 months.

Click here for a large version of the page.

Below, the fruit juice is promoted in supermarkets as part of the marketing campaign.

The website is used to make idealizing claims about Cow & gate formulas.

When packaging was changed in 2003 to include a 'prebiotics' logo on the labels of infant formula and follow-on formula, this was promoted prominently on the website (right).

The same logo was produced as a stand-out display attached to shelves in supermarkets (below).

Infant formula without the logo was offered at a clearance price (see promotion in shops).

The promotional campaign included stands and 'demonstrations' in supermarkets.

The example shown right is from Asda, but the strategy has been used in other supermarket chains.

The Cow & Gate brand is promoted, though the formula on display in this example is the follow-on milk so the authorities have taken no action.

However, a Baby Milk Action campaign against illegal and unethical practices by retailers obtained an illuminating response from Tesco, reproduced below (click here for details of the campaign).

Illegal promotion of Cow & Gate infant formulas have been found in major retailers (e.g. Asda, Boots, Morrisons, Sainsbury's, Tesco).

The example shown right is from Boots and promotes the new Cow & Gate packaging.

In an earlier 'new packaging' launch, the prebiotic logo was added to the infant formula.

Clearance offers were made on the previously packaged infant formula as shown in the example below from Sainsbury's.

No prosecutions have been brought by the authorities.

At the end of 2005 , Cow & Gate distributed a pamphlet to health workers which included cards to be handed to mothers to encourage them to call the Cow & Gate 'careline'.

Health workers were encouraged to contact the 'careline' themselves to enter a draw for £250 of vouchers.