Philippines Milk Code decision - defeat or victory?

Some of you may remember that the Philippines has recently been a battleground in the fight over aggressive marketing of formula in the developing world.

This year the Philippines Supreme Court reviewed the Philippines Milk Code, which was adopted in 2006 and immediately challenged by the formula companies.  UNICEF Philippines produced a video on this topic called "Formula for Disaster" this year, where you can view some of the ads (picture to the right was taken from the film).

UNICEF estimates that 16,000 children die each year from not breastfeeding in the Philippines, and aggressive marketing has led to a significant decline in breastfeeding rates in the last ten years. 

Last month the Supreme Court released its decision.  The press portrayed it as a defeat for breastfeeding advocates, but UNICEF Philippines was pleased with the outcome.  Alexis, who works for UNICEF Philippines and writes the blog Keep Abreast, has allowed me to repost her response to the Supreme Court decision. 

The long-awaited Supreme Court decision on the Philippine Milk Code was finally issued on Tuesday, 9 October. What followed was a stream of news reports claiming that the Supreme Court decision was a blow to breastfeeding advocates. "Supreme Court lifts ban on advertising of breastmilk substitutes," the headlines screamed.

Nothing could be farther from the truth. There never was such a ban, because as soon as the regulations were promulgated, the milk companies asked the Supreme Court to place it on temporary restraining order, which the Supreme Court GRANTED. The code had been suspended all this time, milk companies continued to market and advertise and peddle their products with impunity ... until last Tuesday.

In fact, the Supreme Court decision was in favor of the Department of Health. The Supreme Court lifted the temporary restraining order on the code - with a few exceptions - which means that the code is now in effect, with the exception of sections which call for the complete prohibition on advertising of formula. 

Here is, in part, what the Supreme Court upheld:

Advertising, promotion or other marketing materials for breastmilk substitutes need to be approved by the Inter-Agency Committee and should not contain, among others, terms like "close to mother's milk", pictures or texts that idealize infant and milk formula.  Any health and nutrition claims, false or misleading information or claims of products are prohibited.

Breastmilk substitutes have to follow labeling requirements, in both English and Filipino, which include a message on the health hazards of the unnecessary or improper use of infant formula and other related products.

Milk companies are prohibited from giving financial or material inducements or gifts of any sort to promote products to health workers and to any member of the general public.

Milk companies are prohibited from conducting or being involved in any activity on breastfeeding promotion, education and production of materials on breastfeeding, or to use women's classes as venues to market their brands or company names.

Milk companies are prohibited from forming part of any policymaking body involved in the advancement of breastfeeding.

These are but a few of the "gains" that breastfeeding advocates have obtained through the Supreme Court's ruling.  So you see, contrary to what the press has been reporting, we breastfeeding advocates have gained much more than we lost. All in all, the Supreme Court decision was a victory for breastfeeding in the Philippines.  Now we face the work of ensuring the implementation of the Milk Code.

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