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Marketing strategies used to promote SMA formulas

Last updated: 13 April 2009

Results from BFLG's monitoring system shows that violations involving SMA formula (a brand of Wyeth) are widespread and systematic.

SMA 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 have only brought a case against one advertisement. Indeed, the Advertising Standards Authority has refused to follow its usual procedure of investigating and publishing a ruling on the complaints submitted to it by BFLG member, Baby Milk Action, and others.

Examples of violations are given below. This report has been prepared by Baby Milk Action, which is coordinating the BFLG monitoring project.

Since May 2008 monitoring reports have been submitted to enforcement authorities. These contain more recent violations than those shown below and can be accessed by clicking here.

BFLG monitoring results were included in the report Breaking the Rules, Stretching the Rules 2007. Violations by Wyeth are found in many other countries submitting evidence for inclusion in this report. The detail (right) from the report shows how Wyeth's new SMA branding in the UK comes in for special mention.

SMA labels

The law explicitely states that labels can only have claims specified in a schedule attached to the law (there are just 6, such as iron enriched). The Food Standards Agency reminded the companies of the provisions at the end of 2006. New SMA labels have been launched since then with claims that are not on the permitted list and include idealizing text and images, which are also prohibited by the law.

 

Advertisements for SMA formula

Television and internet advertising

Article 17 of the Infant Formula and Follow-on Formula Regulations 1995 prohibits the advertising of infant formulas and the definition of advertising contained in the Food Safety Act 1990 implicitly includes placing information on the internet (click here for details).

However, the authorities have taken no action over the SMA site.

Local radio advertising - February 2005

Baby Milk Action requested a copy of the script from Sharon Newell at Wyeth, having been informed she was the correct contact person at the company, but this was refused.

Equivalence with breastfeeding

Materials about SMA formulas contain idealizing and misleading information. For example, the SMA website states:

"Recent studies have shown that feeding your baby with an infant formula fortified with LCPs may lead to improved IQ scores and better eyesight in later life. LCPs are naturally present in breast milk."

However, an independent Cochrane Library review of the evidence, which is not mentioned by Wyeth, concluded:

"At present there is little evidence from randomised trials of LCPUFA supplementation to support the hypothesis that LCPUFA supplementation confers a benefit for visual or general development of term infants".

Illegal advertising

Wyeth is the only company to have a criminal conviction for illegal advertising of infant formula. The 2003 case, brought by Birmingham Trading Standards, set an important legal precedent. The advertisement did not directly name the SMA infant formula brand, SMA Gold, but provided information that would be linked in the mind of a mother with the product.

Given this ruling it is difficult to understand the reluctance of the authorities to bring prosecutions over other cases where the SMA brand is promoted. The prevailing view amongst authorities seems to be that if passing reference is made to a follow-on formula then the infant formula is not being promoted. This appears to ignore the importance of the Birmingham Trading Standards case and interpretes the law to the benefit of companies rather than for the infants and mothers it is intended to protect.

Brand name promotion

Promotion of the SMA brand directly to pregnant women and mothers inside and outside the health care system is commonplace.

 

Recruiting a celebrety, actress and TV presenter, Donna Air, also gained Wyeth publicity for its SMA brand of formulas. The Daily Mirror reported (7 February 2005): "Donna is the face of SMA Progress, a follow-on milk for babies aged six months to two years. It's designed to be used at the same time as solids and contains high levels of iron, vitamin D and zinc. For more information, call the SMA Careline on 0845 776 2900 or visit www. smanutrition.co.uk"

This promotion of the follow-on milk contains none of the warnings or information required under Article 21 of the Infant Formula and Follow-on Formula Regulations 1995. However, the authorities took no action.

Contact with mothers

The advertisements above encourage mothers to contact the SMA 'careline' and enter into the internet, where there are forms to sign up for information on SMA products.

This advertisement in itself is promoting the name of Wyeth's SMA formula brand. SMA is only used for formulas, but even if the company made complementary foods and gave an undertaking to only refer to those, it would still be violating Article 5.5 of the International Code which prohibits company representatives seeking direct or indirect contact with pregnant women and mothers of infants and young children. 'Young children' are defined as children up to three years of age.

The Code restricts companies to providing scientific and factual information to health workers. It is for health workers to advise parents, not companies with a vested interest in increasing sales of their products.

Promotion in shops

Follow-on milks are routinely promoted in supermarkets and pharmacies, in violation of the International Code.

Illegal promotion of SMA infant formulas have been found in major retailers (e.g. Asda, Boots, Morrisons, Tesco). No prosecutions have been brought.

See the monitoring report on shops for further information.

Promotion to health workers

Promotion to health workers often echoes that of promotion to the public, with idealizing and unsubstantiated claims being made.

Instead of being limited to factual and scientific information, advertisements make claims such as 'Protecting babies from the inside out' (SMA White and Gold, Community Practioner, April 2005).

In March 2005, health workers were sent a tube promoting SMA formulas, including a "grow your own sunshine" sunflower kit and a flyer about their SMA high energy milk (gifts are prohibited by Article 7.3 of the International Code).

 

Reference

Simmer K. Longchain polyunsaturated fatty acid supplementation in infants born at term. The Cochrane Database of Systematic Reviews 2001, Issue 4. Art. No.: CD000376. DOI: 10.1002/14651858.CD000376.

"Authors' conclusions: At present there is little evidence from randomised trials of LCPUFA supplementation to support the hypothesis that LCPUFA supplementation confers a benefit for visual or general development of term infants. Minor effects on VEP acuity have been suggested but appear unlikely when all studies are reviewed. A beneficial effect on information processing is possible but larger studies over longer periods are required to conclude that LCPUFA supplementation provides a benefit when compared with standard formula. Data from randomised trials do not suggest that LCPUFA supplements influence the growth of term infants."

See http://www.cochrane.org/cochrane/revabstr/AB000376.htm

Definition of 'Advertising'.

The Food Safety Act 1990 Article 53 includes the following definition:

""advertisement" includes any notice, circular, label, wrapper, invoice or other document, and any public announcement made orally or by any means of producing or transmitting light or sound, and "advertise" shall be construed accordingly"

The Infant Formula and Follow-on Formula Regulations 1995 modify this definition to exclude labels.

Placing product information on an internet website fits within the definition. Advertising of infant formula to the public is prohibited by Article 17 of the Infant and Follow-on Formula Regulations 1995.

The advertising industry's self-regulating body, the Advertising Standards Authority, does not include a company's own website in its advertising code, meaning that claims on websites are not required to be 'legal, decent, honest and truthful.'

The ASA justifies this by defining a company website as 'editorial' material and states: "This stance by the ASA also recognises a distinction between media that consumers have chosen to access and material that they have not purposefully sought out to view."

The case for making this distinction is weak if the company has drawn the consumer to the website under false pretences, for example by publicising the website address in materials that purport to be about follow-on milks, breastfeeding or childcare as in examples shown in this monitoring.

However the ASA dismisses all complaints about websites and the ways they are promoted without even investigating and publishing a ruling.