What is the Code?

‘The Code’ is an internationally agreed voluntary code of practice, designed to protect breastfeeding by preventing unscrupulous and harmful marketing and claims about breastmilk substitutes, including infant formulas, ‘follow-on’ formulas and any other food or drink, together with feeding bottles and teats, intended for babies and young children.

‘The Code’ comprises the original WHO/UNICEF International Code of Marketing of Breastmilk Substitutes adopted in 1981 and all updates to this, in the form of resolutions made every two years at the World Health Assembly. The Resolutions strengthen and clarify the Code and can be found here. They have the same status as the Code and should be read with it. The Code is also known as ‘the International Code’ and ‘the WHO Code’. It can be found here.

 

You can find more information on the Code in the WHO’s FAQ booklet.

 

 

Why does the Code exist?

Since the development of the ‘first artificial infant food’ in 1867, the breastmilk substitute industry has sought to mislead parents and undermine breastfeeding using unscrupulous marketing tactics. Between 1860s and the introduction of the Code in 1981, breastfeeding rates fell from an estimated 70% to 14% globally.

It is thought that up to 600,000 children die annually, globally, due to inadequate breastfeeding, amounting to $340billion in economic losses. Lack of newborn and infant acquired immunity obtained through mothers breastmilk can lead to sickness, and improper preparation of powdered breastmilk substitutes – at temperatures less than 70˚C - allows potentially lethal bacteria to thrive and cause serious illness or death.

The Code was created to tackle inappropriate and dangerous marketing of breastmilk substitutes and to protect breastfeeding. The Code also sets standards for the labelling and quality of products and for how the law should be implemented and monitored within countries. It calls on governments "to ensure that monitoring the application of the International Code and subsequent relevant resolutions is carried out in a transparent, independent manner, free from commercial influence”. 

136 countries have adopted some aspects of the Code, and in countries with an effective legal framework underpinning Code implementation, breastmilk substitute sales have been shown to stagnate, and consequentially breastfeeding rates increase.

Restricting marketing of breastmilk substitutes does not mean that the products cannot be sold, or that scientific and factual information about them cannot be made available. Neither does it restrict parent’s choice. It simply aims to make sure that their decisions are based on full, impartial information, rather than misleading, inaccurate or biased marketing claims.

The underlying rationale for the Code is that the health of babies is so important that the usual rules governing market competition and advertising should not apply to products intended for feeding babies. Therefore, all Governments should legislate to prevent commercial interests from disrupting breastfeeding and thereby harming the health of their populations.

 

 

How does UK law compare to the Code?

Only some of the provisions in the Code are written into regulation in the UK. This makes these regulations significantly weaker than the Code, particularly as they only cover the marketing of infant formula and follow on formula intended for babies 0-12 months old (and places very few restrictions on the promotion of follow on formula). They do not cover any foods which may be inappropriately marketed for use under six months of age given that the recommended age for the introduction of solids is six months of age, or the numerous commercially produced foods and drinks marketed for babies older than six months. The law therefore permits widespread advertising of breastmilk substitutes with the exception infant formula.

The 2022 Status Report on the Code from WHO, UNICEF, and IBFAN assesses UK legislation against the Code and can be read here: Marketing of breast-milk substitutes: National implementation of the international code. The UK scores only 40/100.

To protect breastfeeding and safeguard infant, young child and maternal health, the Baby Feeding Law Group UK advocates for a strengthening of the UK law to align with the Code, as well as effective, independent monitoring and enforcement of compliance.

 

 How do companies practices compare to the Code?

 

The Access to Nutrition Index assesses and reports on the marketing activities of the 6 largest BMS companies in comparison to the Code. The latest report in 2021 scored companies between zero and 68% for Code compliance, so that even the highest score indicates far from complete compliance with recommendations of the Code.

Many other recent investigations consistently find that companies that make and market BMS, in the UK and around the world, fail to comply with the Code. Some examples are:

WHO and UNICEF ‘How the marketing of formula milk influences our decisions on infant feeding’ (2022)

Gerard Hastings et al: ‘Selling second best: how infant formula marketing works’ (2020)

Changing Markets: ‘Based on Science? Revisiting Nestlé’s infant milk products and claims’  (2019)

Changing Markets: ‘Busting the Myth of Science-based formula. An investigation in to Nestlé infant milk products and claims’ (2018)

Changing Markets: ‘Milking It – How Milk Formula Companies are Putting Profits Before Science’ (2017)

Save the Children: ‘Don’t Push It: Why the formula milk industry must clean up its act’ (2017)

Granheim et al: ‘Interference in public health policy: examples of how the baby food industry uses tobacco industry tactics’ (2017)

IBFAN: ‘Breaking the Rules, Stretching the Rules’ (2017)


 

 Monitoring and reporting violations

 

One way you can highlight the weaknesses in UK law compared to the Code is by reporting any violations you observe. Baby Milk Action monitors baby food (including breastmilk substitutes) company marketing practices in the UK (in relation to both the UK laws and the Code), on behalf of the Baby Feeding Law Group UK. Please click here to share the details of the observed violation.

 

 

Latest research on marketing and the Code

The Unicef UK Baby Friendly Initiative summarises and shares the research relating to infant feeding, including research on marketing and the Code, which can be found here.