The Motherwear Breastfeeding Blog

Public Citizen launches campaign to end formula "gift bags" at hospitals

Public Citizen has launched a new campaign to end the formula "gift bags" handed out at most U.S. hospitals - a practice which has been repeatedly shown to decrease breastfeeding rates.

For a good primer on this issue, see this podcast interview I did a few years ago with Dr. Alison Steube.

Public Citizen has begun a petition to the formula companies themselves.  They describe the campaign:

Hospitals should stop including industry-provided samples of infant formula in new mothers’ discharge bags because the distribution is unethical and violates good public health policy, Public Citizen said in letters, co-signed by more than 100 other organizations, sent to more than 2,600 hospitals across the country. The letters are part of a new, nationwide Public Citizen campaign that is aimed at both hospitals and major formula makers.

Public Citizen also is launching an online petition calling on the three major formula makers – Abbott (maker of Similac), Mead Johnson (maker of Enfamil) and Nestle (maker of Gerber) – to stop marketing their products in healthcare facilities.

Hospital promotion of infant formula in discharge bags contravenes the consensus by all major healthcare provider organizations that exclusive breastfeeding for the first six months after a child is born is best for the health of both babies and mothers. Research convincingly shows that mothers who received infant formula samples are less likely to breastfeed exclusively and are more likely to breastfeed for shorter durations. Hospitals that distribute formula samples are in violation of a 1981 World Health Organization (WHO) code that prohibits healthcare facilities from marketing infant formula.

Yet, at least two-thirds of hospitals in the U.S. distribute samples of infant formula, even if mothers have indicated that they plan to breastfeed. Succumbing to infant formula companies’ marketing techniques is costly, both in terms of money spent on formula and the health of mothers and children. Formula feeding costs between $800 and $2,800 per year. Additionally, the formula samples usually are brand-name products, which cost up to 66 percent more than store brands. Families typically continue to use the same expensive brand they receive in samples.

I recently wrote at Best for Babes that the tide is turning against this process.  But ridding hospitals of this practice will require more pressure - something this campaign provides.

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Have you benefitted from the federal workplace pumping law? We need your stories!

I was recently chosen by the the U.S. Breastfeeding Committee to help publicize the federal "pumping law" which was enacted as part of health care reform legislation two years ago. 

This project is funded by the Office of Women's Health (U.S. Department of Health and Human Services).  I was chosen along with Kimberly Seals Allers, whose Black Breastfeeding 360 project I wrote about recently.

So I'll be posting on other blogs this year to help spread the word about what the law requires employers to do to accommodate pumping moms. 

As part of this project the USBC is collecting moms' stories about how the new pumping law has helped them. We'll be highlighting stories of moms who have benefitted from the law.  

So please follow this link and share how the law has helped you pump at work!

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Emily Gillette settles lawsuit over being forced off plane for breastfeeding in 2006

Some of you may remember that, in 2006, Emily Gillette was forced off a Delta plane for breastfeeding her daughter.

The incident led to the first national protests at Delta ticket counters in multiple airports, and in a way made nurse-ins a national phenomenon.  Emily Gillette filed a discrimination complaint against the Mesa and Freedom Airlines with the Vermont Human Rights Commission (which she won), and brought a suit against Delta Airlines.

Emily Gillette settled her lawsuit with Delta last week.  The terms of the agreement have not been disclosed.  

USA Today reports:

After more than five years of legal wrangling, Gillette and the airlines have settled the case but have agreed not to disclose the amount of money involved.

In a separate settlement, Mesa and Freedom Airlines, which shut down in 2010, also paid $20,000 to the Vermont Human Rights Commission, which enforces that state's law upholding a mother's right to breast-feed. The state commission joined Gillette in suing the airlines after deciding her case was a matter of discrimination, says Robert Appel, the human rights commission's executive director.

This incident happened just as I was starting this blog, and whatever the terms of the settlement, it's an interesting bookend.  I think it's safe to say that public acceptance of breastfeeding, while not universal by any means, has increased.  And many policies, from the federal government down to your local hospital, are changing. 

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Authors of workplace pumping law responds to Staples co-founder

A few weeks ago the Tom Stemberg, co-founder and former CEO of Staples made some remarks in the press about the new workplace pumping law. 

Stemberg had used it as an example of what he found over-reaching about the federal health care reform law, criticizing it for requiring "lactation chambers" for nursing employees.

(And while I make it a rule never to read comments left on blogs which aren't breastfeeding-friendly, some of the comments on the story on wonkette.com absolutely cracked me up.  My favorite:  "My next lactation chamber will certainly not be purchased from Staples, you screwed up there Stemberg!"  Read them if you get a chance.)

Last week the authors of the provision wrote in response, stating in part:

These federal requirements are modeled after a state law in Oregon that requires employers, including Staples, to make similar accommodations for their employees.  The Oregon law provides a hardship exemption for businesses that cannot find a way to establish a specific place for mothers to express milk.

It is interesting to note, however, that not a single Oregon business, including Staples, has chosen to take that exemption. All have found a way to make this work for their nursing mother employees.

You can read the full text here.

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Toxic flame retardants in your nursing pillow?

A few weeks ago the Washington Toxics Coaltion and Safer States relased a report entitled "Hidden Hazards in the Nursery." 

It was based on testing they conducted (sample analysis done at Duke University) of foam in a number of baby products.  They were looking for flame retardants which can pose health risks, particularly to babies.

The Coaltion found:

Popular baby products, including nursing pillows and car seats, contain toxic flame retardants linked to cancer, hormone disruption, and other health effects...Children and families are exposed to the compounds, called Tris chemicals, when they escape from household items and contaminate house dust and indoor air.

The report, Hidden Hazards In the Nursery, found toxic flame retardants in 85% (17 of 20) of new baby and children’s products tested, including bassinet pads, nursing pillows, changing pads, and car seats. The most prevalent flame retardant found was chlorinated Tris (TDCPP), a chemical voluntarily removed from children’s pajamas in the 1970s when it was found to cause adverse health effects. Chlorinated Tris was present in 80% of the products (16 of 20). California recently classified chlorinated Tris as a carcinogen, and evidence links the chemical to neurotoxicity as well as hormone disruption.

According to the report, nursing pillows and baby carriers were recently exempted from flammability standard requirements.

Of the 20 products tested, two were nursing pillows, both purchased in Washington state at major retailers. One, the My Brest Friend Deluxe, tested positive for TDCPP and TDCP; the other, the Balboa nursing pillow did not.  The My Brest Friend website states, "We do not use fire retardants in our foam."

The Baltimore Sun reported that the Boppy nursing pillow is "known to not use Tris flame retardants," and its website states, "The fabric and filling in the Boppy Feeding and Infant Support pillow (and slipcovers for those pillows) meet the requirements without the addition of flame retardant chemicals."

All a little unsettling, no?

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Federal court: "The law does not punish lactation discrimination" in the workplace

A federal court in Texas has ruled against a mother who was fired from her job for attempting to pump at work, Courthouse News Service reports.

The case involved a complaint filed by the Equal Employment Opportunity Commission against Houston Funding on behalf of Donnicia Venters, a mother who says she was fired when she expressed her desire to pump at work when she returned from maternity leave.  The company maintains that she was fired because she had abandoned the job.

U.S. District Judge Lynn Hughes ruled in favor of the company, stating that, "firing someone because of lactation or breast-pumping is not sex discrimination" under current law.

Courthouse News Service reports:

"Even if the company's claim that she was fired for abandonment is meant to hide the real reason - she wanted to pump breast-milk - lactation is not pregnancy, childbirth, or a related medical condition," Hughes wrote.

"The law does not punish lactation discrimination," the three-page opinion states.

It appears to me that Congresswoman Carolyn Maloney's bill, the Breastfeeding Promotion Act of 2011 would remedy this problem, as it amends the Civil Rights Act of 1964 "to protect breastfeeding women from being fired or discriminated against in the workplace."

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Protests planned at Facebook offices around the world on Monday

Mothers are organizing nurse-ins at Facebook offices in California and around the world to protest the company's removal of breastfeeding photos from members' pages (and in some cases suspension of their accounts).  The events are to take place from 10:00 to 1:00 on Monday, February 6th.

The protests are related to the case of Emma Kwasnica, a Vancouver mother.  The San Francisco Chronicle reports:

For Vancouver mother Emma Kwasnica, a breast-feeding advocate and a protest organizer, the sour milk for her began in 2007, when she joined Facebook. In the five years she’s had an account, she has had about 30 of her photos flagged as inappropriate and her account shut down four times — once for 30 days.

“This is discrimination,” she said. “There’s no other way to look at it. We’re being treated as pornographers. Breast-feeding moms, especially ones with infants, spend hours a day with their children at their breast. They’re not trying to be sexually explicit. This is just part of their everyday lives.”

The protests are being organized, naturally, on Facebook, and you can see a list of locations here.  Below you'll find a teaser video about the protests, and a podcast on this topic at the Motherlove Blog.

Here are some pictures from a similar but much smaller event I attended a few years ago in Palo Alto. 

Department of Labor begins enforcing workplace pumping law, cites 23 companies

Here's some good news to start the year:  Remember the incredible news in 2010 that the federal health care reform legislation extended lactation accommodations to many employees nationwide?

Well, the news this week is that the Department of Labor has begun enforcing the law, sometimes known as "Break Time for Nursing Mothers."

A Department spokeswoman told MSNBC that 23 companies have already been cited for failure to comply with the law, including Starbucks, McDonalds, Dollar General, and Dillard's.  In those cases the Department reports that the companies did eventually comply with the requirements of the law, and in one case even agreed to pay back wages.  

While the fact that these companies weren't following the law might sound like bad news, I think it actually represents some great trends.  It means that mothers are starting to understand their rights under the law and have been willing to file complaints when they believe that those rights have been violated.  It also means that the Department of Labor has been actively working to enforce the law (as we discussed in this podcast, a law without an enforcement mechanism doesn't get you very far).  And based on the outcomes shared, it sounds like the result has ultimately been very positive.  Obviously there is more work to be done, but I think that this is a promising start.

Not sure what the law requires? Here's the Department of Labor's basic summary from their Fact Sheet:

Employers [of 50 employees or greater] are required to provide reasonable break time for an employee [who is covered by the Fair Labor Standards Act] to express breast milk for her nursing child for 1 year after the child's birth each time such employee has need to express the milk.  Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.

Want to see if you're covered by the law?  Wondering what to do if you believe that your employer is not in compliance with the law?  Here's a great FAQ page from the U.S. Breastfeeding Committee, which includes information on how to file a complaint.  Remember, too, that you may live in a state which has its own lactation accommodation law.

If you're not covered by the law or your state law, you may want to voice your support for the Breastfeeding Promotion Act of 2011, which would extend these rights to many more employees.

And if you're wondering about those regulations you commented on, they're still pending.  But that isn't stopping the Department of Labor from enforcing the law now, based on the law itself.

Now you tell us:  Have you been affected by this law?  Does your employer know about it?  Have you had to file a complaint?

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Top 10 breastfeeding stories of 2011.

Here's my summary of the biggest news in breastfeeding in 2011. I think you'll agree that it was a banner year, especially for the elimination of some important barriers to breastfeeding. 

You can read my lists from prior years here: 2010, 2009, 2008, 2007 and 2006.  Feel free to tell me what I've missed!

Surgeon General issues a Call to Action to Support Breastfeeding. Surgeon General Regina Benjamin kicked off the year by issuing a bold statement in support of breastfeeding.  It outlines steps needed to eliminate the barriers that keep so many mothers from reaching their breastfeeding goals, and forms the basis of the administration's policy initiatives in breastfeeding support (see CDC point below).

Target nurse-ins put spotlight on nursing in public.  In the final week of the year, protests were held at an estimated 100+ Target stores after mother-of-four Michelle Hickman was harassed and humiliated at a store in the Houston area.  Target's slow response and inconsistently applied policy of supporting nursing moms in its stores was a contrast to an earlier protest at Whole Foods, which ended in the store welcoming the protesters and establishing a written policy supporting nursing in their stores.

First Lady Michelle Obama promotes breastfeeding.  Could you ask for a higher profile advocate for breastfeeding than First Lady Michelle Obama?  As part of her Let's Move campaign to combat childhood obesity, she announced that she would work to eliminate hospital barriers to breastfeeding by pushing for an increase in the number of Baby Friendly hospitals.  This announcement became fodder for some high profile voices on the right who viewed it as an example of government over-reaching its authority.

Insurance coverage for breastfeeding support and pump rentals now required.  The U.S. Department of Health and Human Services issued regulations requiring that insurance companies cover "Comprehensive lactation support and counseling, by a trained provider during pregnancy and/or in the postpartum period, and costs for renting breastfeeding equipment."  On August 1, 2012, these support services will be offered by insurance, with no co-pay or other cost-sharing.

Breastpumps become tax deductible and eligible for FSA accounts.  Reversing an earlier position, the IRS made breastpumps and related supplies tax deductible, and eligible for purchase using funds in an FSA account.  This is a bit complicated, so I recommend starting by reading this post and comments before assuming that you'll be able to benefit.

The CDC pushes for more Baby Friendly Hospitals.  After noting that U.S. hospitals are "a very long way from where we need to be" in implementing practices known to increase breastfeeding success, the CDC announced a new $6 million initiative to support the certification of more hospitals as Baby Friendly.  We currently have less Baby Friendly hospitals than Ecuador, so this is a welcome effort!

Kaiser announces Baby Friendly push at all hospitals.  Anyone noticing a theme here?  Health care giant Kaiser Permanente, which cares for more moms and babies than any other system in the U.S., announced that all 29 of its hospitals will either become Baby Friendly or be evaluated by their exclusive breastfeeding outcomes by the Joint Commission.  

Formula discharge bags are on the way out.  One of the thorniest issues when it comes to obtaining Baby Friendly status is the issue of the formula company "gift bags" given to most women on discharge from the hospital.  But grass roots organizing as well as government pressure has led to a marked decrease in the number of hospitals giving them out.  A study found a doubling of bag-free hospitals in ten states, and Rhode Island recently made news by became the first state to go completely "bag free."

Donor milk starts to become the standard of care in NICUs, shortages loom.  Modern donor milk banking celebrated its 100th anniversary a few years ago, and I think that this year marked the burgeoning acceptance of donor milk as mainstream therapy in NICUs.  Buoyed by research showing that donor milk can save lives, more and more hospitals are making donor milk the standard of care for preemies born before a certain number of weeks gestation or below a certain birth weight.  And the non-profit milk banks have been a victim of their own success; with demand rising they've seen increasingly frequent shortages.

Online mother-to-mother milk sharing continues to grow.  This was on my top ten list last year, but I thought it deserved to be on this year's list, too.  Milk sharing through the internet has grown dramatically, with the organization Human Milk 4 Human Babies now engaging over 20,000 members in 52 countries.

Mothering Magazine shuts down print publication.  The only magazine I know of that put breastfeeding at the top of its agenda shut down as a print publication this year.  For years, Mothering Magazine was the safe, supportive corner of the media universe for nursing mothers.  While mothering.com is still up and offering content on breastfeeding, birth, and other parenting issues, it's just not the same as receiving the magazine in the mail, or seeing it on the news stand.  

So, all in all, a great year for breastfeeding, wouldn't you say?

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Moms stage nurse-ins at Target stores nationwide

Nurse-ins were held at Target stores nationwide yesterday in support of Michelle Hickman, a mother of four who was harrassed in a Houston area store. Events were planned at over 100 stores, and the Facebook page used to organize the event has over 6,000 members.

Both local and national press covered the events.  USA Today reported that protests were being held at more than 100 stores, and Time described nursing in public as one example of our culture's "complicated relationship with breastfeeding."  ABC News drew a contrast with a conflict with Whole Foods, in which the chain welcomed the protesters.  CNN's interview with Michelle Hickman is below.

After trying in vain to help Target resolve this issue prior to the nurse-ins and even help position them as a leader in supporting nursing moms, Best for Babes got a response from Target, which reiterates their policy.  This policy was not reflected in actions of the Target staff or the customer service representative who told Michelle Hickman that, while the chain is "aware of our legal rights as nursing mothers, Target has different policies because they are a family friendly public place."

Did you attend a nurse-in at a Target store?  Tell us about it!