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Tighter controls on baby milk

DEPARTMENT OF HEALTH News Release issued by The Government News Network on 21 November 2007

Government tightens labelling and advertising regulations on infant formula

The Department of Health and the Food Standards Agency have today set out stricter controls on the promotion, labelling and composition of Infant and Follow on Formula.

New EU legislation, being implemented into law, will ensure that all types of formulae meet the nutritional needs of babies - whilst ensuring that breastfeeding is not undermined by the marketing and promotion of such products.

The Government is committed to encouraging breastfeeding because of the health benefits to both mothers and babies. However, not all mothers choose to or are able to breastfeed and these new regulations will enable them to make more informed decisions about feeding choices for their babies. The Government wants to mothers to get information about infant feeding from health visitors and midwives as this is the best way to decide what is best for mother and child.

The new measures consist of:

- Updated rules Implementing advice from the European Scientific Committee for Food on the composition of all types of formulae - Over the past 12 years, more scientific work has taken place, which has been considered by the European Scientific Committee for Food on the composition of all types of formulae, this is now reflected in the updated regulations

- Tighter rules on the labelling of all types of formulae - We are updating labelling rules to clarify that follow-on formula should only be used by infants from six months of age (the current Directive in force today specifies that follow-on formula can be used from four months. Also only a small number of approved health and nutrition claims will be allowed on formula milk.

- Tougher restrictions relating to the marketing and promotion of Infant Formula - The existing legislation allows a very restricted amount of Infant Formula advertising to parents. The new rules will prevent Infant Formula being advertised directly to parents.

- Tough new rules on how Follow-on Formula can be advertised - Follow on Formula can be advertised but needs to follow strict rules - which include making very clear that the product is for older babies. This is to ensure that follow on formula can in no way be confused with infant formula in the minds of the consumers.

- Robust Guidance for industry and enforcement authorities to use to correctly apply the new law - In order to achieve compliance, companies will need to ensure that formula advertising does not do certain things. These include: featuring text or images which relate to pregnancy (e.g. pregnancy test kits), featuring the feeding or care of infants under six months; using pictures or text which directly or indirectly relate or compare products to breast milk; featuring babies which consumers may perceive as being under six months (even if they are over six months).

The Government is committed to ensuring that the new regulations deliver the best possible level of protection for babies. After a year of the new rules being in place, an independent review will be carried out to check that they are working effectively. Further action will then be taken if needed.

Public Health Minister, Dawn Primarolo says:

"These new regulations will ensure that all types of formula milk are clearly labelled and advertised and that they meet the very latest nutritional standards for babies.

"We are committed to promoting and supporting breastfeeding. More women are choosing to breastfeed and we will continue developing our plans to encourage this trend.

"Some women cannot or choose not to breastfeed and it is important that they have the information they need to make the right choice for their baby's health.

"Health visitors and midwives offer the advice, support and information for all parents to make informed choices about how they wish to feed their baby.

"I shall be reviewing things in a years time to ensure that the regulations are being truly effective."

Rosemary Hignett, Head of Nutrition, at the Food Standards Agency adds:

"Although breastfeeding is best, we recognise that many mothers choose to use formula milk and it's important that measures are in place to protect them and their babies.

"The Guidance provides clear direction to industry on the action they must take in order to comply with the new regulations. The new controls will provide the protection that mothers and babies need and deserve."

The Food Standards Agency held a public consultation on the draft Regulations earlier this year and has today published the responses received on its website. A 12-week public consultation on the draft Statutory Guidance notes has also begun and the Agency is seeking views from all stakeholders.

This consultation closes on the 13th February and the final guidance notes will be published as soon as possible after this.

Notes to Editor:

1. Infant formula is a product that satisfies, by itself, the nutritional requirements of babies from birth. Follow-on formula is a liquid complimentary food that can be used as part of a babies weaning diet from 6 months of age.

2. Under New updated regulation the only permitted health and nutrition benefits allowed to be listed on formula milk will be:
Lactose only
Lactose free
Added LCP
Nutrition claims relating to nucleotides, taurine, oligosaccharides
Reduction of risk to allergy in milk proteins

3. In order to achieve compliance to the new robust guidance, companies will now need to ensure that formula advertising does not (as stated in guidance):
- Promote a range of formula products by making the brand the focus of the advert, rather than specific products (e.g. where follow-on formula or growing-up milks are mentioned only in a footnote or in a picture of a tin of formula within the advertisement)
- Feature text or images which relate to pregnancy (e.g. pregnancy test kits) or the feeding or care of infants under six months
- Include pictures or text which directly or indirectly relate or compare products to breast milk
- Focus on carers emotions in relation to the feeding or care of infants under six months
- Feature babies which consumers may perceive as being under six months (even if they are over six months)
- Focus primarily on the promotion of ingredients, or the effect of ingredients, which are common to both follow-on formula and infant formula.

4. Directive 2006/141/EC and the Regulations seek, in summary, to ensure that:
- the essential composition of infant formulae and follow-on formulae satisfy the nutritional requirements of infants in good health as established by generally-accepted scientific data
- the labelling of infant formulae and follow-on formulae allows the proper use of such products and promotes and protects breastfeeding
- the rules on composition, labelling and advertising are in line with the principles and aims of the International Code of Marketing of Breast-Milk Substitutes
- any information provided to carers about infant feeding does not counter the promotion of breastfeeding

5. These aims are given effect by the main provisions of the Regulations which include:
- a general requirement that no product other than infant formula may be marketed or otherwise represented as suitable for satisfying by itself the nutritional requirements of normal, healthy infants during the first months of life until the introduction of complementary feeding
- a general requirement that infant formulae and follow-on formulae shall not contain any substance in such quantity as to endanger the health of infants and young children
- detailed requirements for the essential composition of infant formulae and follow-on formulae
- a general limit on the level of any individual pesticide residue that may be present in infant formulae and follow-on formulae and specific lower limits for a few very toxic pesticides
- mandatory and non-mandatory particulars for the labelling of infant formulae and follow-on formulae
- the requirements for the labelling of infant formula and follow-on formula to also apply to presentation and advertising
- restrictions on the nutrition and health claims that can be made in relation to infant formulae
- the labelling, presentation and advertising of infant formula and follow-on formula to avoid any risk of confusion by the consumer between these two categories of products
- restrictions on the advertising of infant formulae
- the provision of information on infant and young child feeding for use by families and those involved in the field of infant and young child nutrition

6. The draft Guidance Notes:

- focus mainly on the provisions of the Regulations which relate to labelling, notification, avoidance of risk of confusion between infant formula and follow-on formula, advertising, promotion, and the provision of information and education relating to infant and child feeding;
- replace any LACORS Guidance Notes on infant formula and follow-on formula and supersede any previous views expressed by the Agency on the interpretation of the regulations which relate to the issues mentioned above;
- reflect the Agency view on how the Regulations should be interpreted and thereby help to promote consistent enforcement;
- apply to parallel Infant Formula and Follow-on Formula Regulations in England, Scotland, Wales and Northern Ireland;

Department of Health / Food Standards Agency