You are here: Resourcs/news/news250405.html

Baby Feeding Law Group monitoring project finds illegal infant formula promotion by major retailers

Press Release 25 April 2005

Supermarkets Asda, Morrisons and Tesco and the pharmacy Boots are listed by the Baby Feeding Law Group (BFLG) monitoring project for promoting infant formula in breach of the UK Infant Formula and Follow-on Formula Regulations.

Click here for details.

Mike Brady, of BFLG member Baby Milk Action which is coordinating the monitoring project, said:

"A trained team and members of the public are reporting illegal activities to us and Trading Standards officers. We have only listed on the website those cases we know have been reported to Trading Standards. It is disappointing that the Asda, Morrisons, Tesco and Boots keep repeating the same type of prohibited promotion. It makes me wonder if it will take a prosecution to make them stop. Only Sainsbury's seems to have stopped centrally-generated shelf-talkers promoting infant formula, though we still receive reports of managers' clearance offers and there are many other concerns."

Promotion of breastmilk substitutes is prohibited by the International Code of Marketing of Breastmilk Substitutes, adopted by the World Health Assembly in 1981. Under Article 11.3 of the Code manufacturers and distributors of products within its scope are required to ensure their activities at every level comply with its provisions independently of government action. The International Code and subsequent, relevant Resolutions of the World Health Assembly have yet to be implemented in the UK. At present the Infant Formula and Follow-on Formula Regulations (1995) prohibit the promotion to the general public of infant formula only (except on the label of the product itself).

Members of the public have been attempting to make use of the law by reporting cases to their local Trading Standards office. In many cases Trading Standards Officers have then taken action to stop the illegal activity. Yet as the BFLG monitoring report demonstrates, with the possible exception of Sainsbury's, the same distributors and manufacturers keep repeating the same or similar illegal activity.

Violations of the broader World Health Assembly measures are also being recorded by the BFLG monitoring project and show a systematic failure by retailers and manufacturers to fulfill their obligations under Article 11.3 of the Code.

The monitoring information has primarily been gathered through forms submitted by members of the public via the monitoring section of www.babyfeedinglawgroup.org.uk and through monitoring conducted by a trained team (part-funded by the King's Fund) and by Baby Feeding Law Group members.

The report was prepared by Baby Milk Action, which is coordinating the BFLG monitoring exercise. Some of the promotions are price reductions, which are prohibited. Baby Milk Action has prepared a statement presenting its view that breastmilk substitutes as over-priced products, but any price reduction must be permanent, not promotional. See http://www.babymilkaction.org/

For further information contact Mike Brady, mikebrady@babymilkaction.org, tel: 07986 736179.

Notes for editors

  1. The information is presented by retail outlet in the monitoring section of this website as Trading Standards raises concerns about illegal activity with these rather than the formula manufacturers. The omission of an outlet from the list does not indicate violations have not been registered. Those listed (with the exception of Sainsbury's) have had the most cases of illegal activity reported to us by members of the public in the period March 2004 to April 2005. Only examples that have been reported to Trading Standards are listed. For violations prior to this period, see the Look What They're Doing in the UK report launched May 2004 at the House of Commons, available as a pdf file.

  2. Baby Milk Action has registered cases with Trading Standards, the Advertising Standards Authority and Ofcom over television advertising for breastmilk subsititutes over which no action is being taken, further exposing the failings of the regulatory system. Click here for details.

  3. In 2003 the United Nations Committee on the Rights of the Child called on the UK Government to implement the International Code in legislation.

  4. The government white paper, "Choosing Health, Making Health Choices Easier", states: “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.”

  5. The European Commission is proposing amendments to the EU Directive which will permit new health claims (such as claims relating to optional ingredients including of oligosaccharides and long chain poly-unsaturated fatty acids) to be used. These will serve to idealise and promote formulas, which will further undermine health. Organisations representing half a million health workers have written letters opposing the move. See the advocacy section.

  6. BFLG members are: association of breastfeeding mothers, association for improvements in the maternity services, association of radical midwives, baby milk action (secretariat), breastfeeding network, food commission, community practitioners and health visitors association, lactation consultants of great britain, la leche league (gb), maternity alliance, midwives information and resource service, national childbirth trust, royal college of midwives, royal college of nursing, royal college of paediatrics and child health, unicef uk baby friendly initiative. In supporting the baby feeding law group (uk) the above organisations indicate their formal support in those areas where they have specific competence. They acknowledge the expertise and authority of other members in their respective fields in relation to the aim of the group.