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