PHA-Exch> Ruling is a victory for the Philippino children, says WHO...but not so NGOs (2)

[Claudio Schuftan]

   From:    wim.deceukelaire at intal.be

  Ruling is a victory for the Philippino children, says WHO (Milk Code)

...but fortunately local NGOs are not so easily swayed...

Wim

From:
: *chdphils at skydsl.com.ph*, *chdmancom at yahoo.com*, apird_chd at yahoo.com


*Website:**www.chdphilippines.org*


*Position Paper*
*Media Release, **October 10, 2007*


Supreme Court decision on baby milk advertisements: VERY disappointing

The Supreme Court's (SC) decision to void the government ban on advertising
of infant formula came as a big disappointment to breastfeeding advocates
and millions of mothers and young children throughout the country.

Last October 9, 2007, the SC voided part of DOH's revised implementing rules
and regulations (RIRR) to ban advertisements of breast milk substitutes and
breast milk supplements. While affirming RIRR's consonance with Executive
Order 51 or the Milk Code of 1986, Chief Justice Reynato Puno cited the
absolute ban on advertising as stated in sections 4(f), 11 and 46 as "unduly
restrictive and is more than necessary to further the avowed governmental
interest of promoting the health of infants and young children."
Furthermore, "the laudable concern of the respondent (DOH) for the promotion
of the health of infants and young children cannot justify the absolute
overarching ban," the Chief Justice added.

Since the Milk Code's passage in 1986 and the RIRR handed down 20 years
after, the serious and decisive implementation of a law that will protect
the health and welfare of infants and young children across the Philippines
is long overdue. Clearly, the lift on the total ban on infant formula
advertisements shall continuously put more and more babies in peril.

Harmful microorganisms that are intrinsically found in infant formulas have
long emerged as an international public health concern. There is no
technology at present that would ensure that infant formulas are 100 percent
safe. Thus, so-called "sterile" infant formula products are almost always
potentially dangerous to the health of millions of children around the globe
who are artificially fed.

Council for Health and Development (CHD), the national secretariat of more
than 60 non-governmental community-based health programs and health
institutions in the country, strongly believes that the health and welfare
of millions of Filipino children should come first above all.

We strongly condemn the transnational milk companies' moves that
continuously misinform the public regarding the "benefits" of infant
formulas through the proliferation of their commercials and aggressive
marketing strategies. We believe that the advertisements and promotions of
these products tend to convey subliminal messages that undermine breast milk
and breast-feeding thus exaggerating the positive role of breast milk
substitutes to a child's well-being.

Transnational milk companies should stop claiming that they too believe that
breast milk is the "gold standard" when it comes to infant nutrition, as was
said by their representative in an SC hearing last June this year. The truth
is, these giant milk companies are so hell bent to prevent the RIRR from
taking effect because the former would lead to losses of about PhP 10
billion for them.

For its part, the government must take quick and decisive actions against
selfish and inhumane transnational milk companies. The disgusting
proliferation of advertisements and marketing strategies of infant formulas
and breast milk substitutes must stop because as much as the giant milk
companies hate to admit it, breast milk in effect is undermined. The fatal
misinformation of mothers and caregivers lead to thousands of cases of
malnutrition and an alarming number of infant and child deaths.

Instead of wallowing in lip service, the DOH's twenty-year delay in the
implementation of the revised IRR should come as a serious lesson. It is
high time to veer away from projecting that it is taking the issue of breast
feeding seriously while in fact, giant milk companies are very influential
and visible in the infant feeding practices even in government hospitals and
clinics.

The SC's very disappointing decision over the regulation of the marketing
practices of milk companies will not stop or weaken the people and the
health sectors' moves to educate and organize mothers and caregivers to
provide what is best for their babies.

CHD is one with the nation in condemning the transnational milk companies'
self-gratifying interests and the government's lack of political will to
stand by the welfare of its people.


*Eleanor A. Jara, M.D., **Executive Director, **Council for Health and
Development*



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