PHA-Exch> Ruling is a victory for the Philippino children, says WHO (Milk Code)

[Claudio Schuftan]

From: Vern Weitzel vern at coombs.anu.edu.au
 "[health-vn discussion group]" health-vn at cairo.anu.edu.au





*Note:  WHO Philippines Country Representative Dr Nyuntu Soe issued the
following statement on the Supreme Court's decision on the revised
Implementing Rules and Regulations of Executive Order 51, or the Milk Code.

*

*Ruling is a victory for the Philippine children, says WHO*

*Manila**, 12 October 2007*—The Supreme Court has released its final
decision on the revised Implementing Rules and Regulations of the 1986 Milk
Code endorsed by the Department of Health (DOH). While we hoped for a total
ban on the marketing of breast milk substitutes, the Supreme Court
nevertheless reaffirmed the DOH's power to regulate, screen, and decide on
the advertising and promotional materials of these products alongside an
inter-agency committee. They also insisted that the milk industry will not
be part of this policy and regulating body

The Supreme Court concluded that the Pharmaceutical Health Association of
the Philippines is mistaken in its claim that the Milk Code's coverage is
limited only to children 0­12 months old. Since breast milk substitutes may
also be intended for children more than 12 months of age, the Supreme Court
asserted that the Milk Code should also protect and promote the nourishment
of children more than 12 months old.

The judgment also supported the DOH's recommendation for new labeling
requirements where milk packaging should visibly state that the infant
formula may contain pathogenic microorganisms, as well as other health
warnings and risks.

The World Health Organization respects and applauds the Supreme Court's
wisdom.

We are pleased that the Supreme Court saw the merits of the DOH's case in
regulating the marketing of milk products to help improve the country's low
breastfeeding rates and help save children's lives. This move by the Supreme
Court reaffirms the key direction of the National Infant and Young Child
Feeding Policy inspired after the Global Strategy developed by UNICEF and
WHO.



Breastfeeding and appropriate and safe complementary feeding alone can save
the lives of

16 000 Philippine children every year. It is the single most effective
protection against diarrhea, pneumonia, and infections. Breastfeeding also
can improve the health of children in a country where over 25% of youngsters
under five years old are undernourished.



We congratulate the DOH for its commitment to the revised Implementing Rules
and Regulations of the Milk Code. We are delighted that amidst the many
challenges in the past two years to resolve this matter, the DOH, along with
local and international breastfeeding advocates, such as UNICEF Philippines,
Save the Babies Coalition led by Arugaan, the World Breastfeeding Action
Group (WABA), IBFAN Network, Baby Milk Action UK,
La Leche League, and many others remained faithful in their role to protect
Philippine children's health and welfare.

We are confident that this development will pave the way for an end to the
misleading statements and false claims of milk companies that for many years
have undermined breastfeeding efforts in the country.

WHO will continue to support the DOH in its efforts to improve breastfeeding
rates in the Philippines and see to a better and healthier future for
Philippine children.

**
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