Breastfeeding Related Codes
World Health Organisation (WHO) Code:
The marketing of breast-milk substitutes continues to present an on-going challenge to the protection, promotion and support of breastfeeding. In recognition of this the World Health Organisation developed the International Code of Marketing of Breast-milk Substitutes.
In Aotearoa New Zealand we implement the International Code of Marketing of Breast-milk Substitutes in a number of ways the key components are:
- The Infant Nutrition Council Code of Practice for the Marketing of Infant Formula in New Zealand
- Code of Practice for Health Workers (Health Workers’ Code)
- Advertising Standards Authority Code for Advertising of Food (ASA 2006)
- Australian and New Zealand Food Standards Code (Food Standards Code) (FSANZ 2002)
Background
In 1981, the 34th World Health Assembly adopted the WHO International Code of Marketing of Breast-milk Substitutes. The Assembly had previously noted the general decline in breastfeeding in many parts of the world due to a variety of socio-cultural and other factors, and recognised that inappropriate feeding practices lead to infant malnutrition, morbidity and mortality in all countries. It found that improper practices in the marketing of breast-milk substitutes and related products were contributing to these major public health problems.The WHO International Code of Marketing of Breast-milk Substitutes aimed to “contribute to the provision of safe and adequate nutrition for infants, by the protection and promotion of breast-feeding, and by ensuring the proper use of breast-milk substitutes, when these are necessary, on the basis of adequate information and through appropriate marketing and distribution.
“Access the International Code of Marketing of Breast-milk Substitutes »
New Zealand adopted the International Code in 1983, however, parts of the International Code clashed with local laws. Article 5 of the International Code specifies that products within the scope of the International Code are not advertised. In New Zealand, it was stated that it was not possible to legally restrict the advertising of products without contravening the Commerce Act 1986 and the Fair Trading Act 1986. So a voluntary, self-regulatory implementation and monitoring process was set up in 1997 (now known as the ‘Infant Nutrition Council Code of Practice for the Marketing of Infant Formula in New Zealand’ or INC Code). The process was set up as voluntary and self-regulatory because the government directed that the International Code was to be implemented and monitored through consensus and discussion, not through legislation.
INC Code:
The voluntary and self-regulatory INC Code applies to the marketing of infant formula products suitable for infants up to the age of six months. Unlike the international Code, formula marketed for infants over six months of age (Follow on Formula) is excluded from the provisions of the INC Code of Practice.
Infant Nutrition Council Code of Practice for the Marketing of Infant Formula:
- Represents some of Australia and New Zealand’s marketers and manufacturers of infant formula
- Is voluntary and self-regulatory – meaning marketers and manufacturers of infant formula do not have to be a member of the INC and if they are should manage their own compliance processes to comply with their own codes of practice
- INC and its member companies (marketers and manufacturers of infant formula) encourage and support breastfeeding as the best choice for babies
Monitoring of the INC Code
The Ministry of Health is responsible for monitoring the implementation of the Infant Nutrition Council Code of Practice. The Ministry does this by receiving complaints about potential breaches of the Code of Practice.
If an issue is not resolved to the complainant’s satisfaction through a natural justice process, it will be submitted to a Compliance Panel for a decision.
Compliance Panel for the Code in New Zealand
- Established by the Ministry of Health in 2008
- Overall objective is to contribute to the wider policy environment which supports the provision of safe and adequate nutrition for New Zealand infants
- Makes decisions on unresolved complaints relating to either the Code of Practice for Health Workers (Ministry of Health 2007) or the Infant Nutrition Council Code of Practice for the Marketing of Infant Formula
- Provides advice on appropriate action to remedy a breach of either code in New Zealand.
- There is an appeal process, presided over by an adjudicator, for complaints unresolved by the Compliance Panel
Code of Practice for Health Workers (Health Workers’) Code:
Health Workers’ Code is based on Ministry policy from Food and Nutrition Guidelines for Healthy Infants and Toddlers (Aged 0–2): A background paper and the International Code, and includes all types of formula for infants 0–12 months. Therefore, it differs from the INC Code of Practice which applies to infant formula only.
Code of Practice for Health Workers (Health Workers’ Code)
- Provides information to health workers about how to give advice about infant feeding
- Provides information to health workers about how to be independent of formula companies’ marketing and promotions
- Complaints can be made about inappropriate advice health workers give about infant feeding or if they are promoting formula.
Monitoring of Health Workers’ Code:
The Ministry of Health is responsible for monitoring the implementation of the Health Workers’ Code. The Ministry does this by receiving complaints about potential breaches of the Code of Practice. If an issue is not resolved to the complainant’s satisfaction through a natural justice process, it will be submitted to a Compliance Panel for a decision.
Compliance Panel for the Code in New Zealand
- Established by the Ministry of Health in 2008
- Overall objective is to contribute to the wider policy environment which supports the provision of safe and adequate nutrition for New Zealand infants
- Makes decisions on unresolved complaints relating to either the Code of Practice for Health Workers (Ministry of Health 2007) or the Infant Nutrition Council Code of Practice for the Marketing of Infant Formula
- Provides advice on appropriate action to remedy a breach of either code in New Zealand.
- There is an appeal process, presided over by an adjudicator, for complaints unresolved by the Compliance Panel
The Code for Advertising of Food (ASA 2006):
In New Zealand, the Advertising Standards Authority considers complaints about the marketing of follow-on formula under the Code for Advertising of Food.
Complaints
If you have concerns about the advertising of follow-on formula or food for infants aged over 6 months, you can make a complaint to the Advertising Standards Complaints Board under the Code for Advertising of Food. The board will use the guidelines provided by the Infant Nutrition Council when considering complaints about follow-on formula.
For more information on how to make a complaint to the Advertising Standards Complaints Board, contact the: Advertising Standards Authority Phone: 0800 234 357 Email: asa@asa.co.nz
Australian and New Zealand Food Standards Code:
Standard 2.9.1 of the Australia New Zealand Food Standards Code draws on the International World Health Organisation Code to cover:
Compositional requirements
Labelling requirements:
- International work
- Export requirements
Standard 2.9.1 regulates the following infant formula products:
- Infant formula (0-12 months)
- Follow-on formula (6-12 months)
- Infant formula products for special dietary use (e.g. metabolic and immunological conditions).
- Other standards also contain specific provisions for infant formula products, such as:
- Standard 1.3.1 – Food Additives
- Standard 1.6.1 – Microbiological Limits for Food.
NOTE: Toddler milks (designed for children 1 – 3 years) are covered by Standard 2.9.3
Complaints
If you have concerns about the labelling, composition or quality of formula or other food products, you can make a complaint to the Ministry for Primary Industries under the Australia New Zealand Food Standards Code.
For more information on how to make a complaint to the Ministry for Primary Industries, contact the:
Website: Ministry for Primary Industries
Phone: 0800 693 721
Email: info@mpi.govt.nz
For more information about the implementation of the WHO Code in New Zealand go to:
