PHA-Exch> Supreme Court decision in Phillippines on baby milk advertisements (3)

[Claudio Schuftan]

 From:    arugaan at mozcom.com

 Subject: The milk pharma multinational companies tricked both media and
NGOs with screaming news that Supreme Court verdict was in favor  of them

The long-awaited Supreme Court decision on the Revised Implementing
Rules and Regulations (RIRR) of the Philippine Milk Code was finally
issued on Tuesday, 9 October. What followed was a stream of news
reports claiming that the Supreme Court decision was a blow to
breastfeeding advocates. "Supreme Court lifts ban on advertising of
breastmilk substitutes," the headlines screamed. Nothing could be
farther from the truth. There never was such a ban, because as soon as
the RIRR was promulgated, the milk companies asked the Supreme Court to
place it on temporary restraining order, which the Supreme Court
GRANTED. The RIRR had been suspended all this time, milk companies
continued to market and advertise and peddle their products with
impunity ... until last Tueday.In fact, the Supreme Court decision was
in favor of the respondent, the Department of Health. The Supreme Court
lifted the temporary restraining order on the RIRR -- with a few
exceptions -- which means that the RIRR is now in effect. The Supreme
Court ruled largely in favor of the Health Department:"Except Sections
4(f), 11 and 46, the rest of the provisions of the RIRR are in
consonance with the objective, purpose and intent of the Mllk Code,
constituting reasonable regulation of an industry which affects public
health and welfare and, as such, the rest of the RIRR do not constitute
illegal restraint of trade nor are they violative of the due process
clause of the Constitution."Sections 4(f) and 11 call for the
prohibition of the advertising, promotion or sponsorships of infant
formula, breastmilk substitutes and other related products. Section 46
imposes administrative sanctions for the violation of the Milk Code,
including fines higher than what the Milk Code originally specified.

The rest of the RIRR calls for significantly
tighter regulation on the marketing of breastmilk sustitutes and
related products, most notably:* The Milk Code's coverage is not
limited to children 0-12 months old. Rather the Supreme Court upholds
that the Milk Code's scope covers all breastmilk substitutes including
those to be used by children aged over 12 months.
 Advertising, promotion or
other marketing materials for breastmilk substitutes need to be
approved by the Inter-Agency Committee and should not contain, among
others, terms like "close to mother's milk", pictures or texts that
idealize infant and milk formula. Any health and nutrition claims,
false or misleading information or claims of products are prohibited.*
Breastmilk substitutes have to follow labeling requirements, in both
English and Filipino, which include a message on the "health hazards of
[the use] unnecessary or improper use of infant formula and other
related products including information that powdered infant formula may
contain pathogenic microorganisms and must be prepared and used
appropriately."* Milk companies are prohibited from giving financial or
material inducements or gifts of any sort to promote products to health
workers and to any member of the general public. They cannot give
donations to the general public, hospitals, health facilities, their
personel and members of their families.* Milk companies are prohibited
from conducting or being involved in any activity on breastfeeding
promotion, education and production of materials on breastfeeding, or
to act as speakers in classes or seminars for women and children's
activities, and to use these venues to market their brands or company
names. Neither can milk companies have point-of-sale advertising, give
away samples and other promotional items, etc. directly to consumers at
retail level.* Milk companies shall not form part of any policymaking
body involved in the advancement of breastfeeding.These are but a few
of the "gains" that breastfeeding advocates have obtained through the
Supreme Court's ruling.
 All in all, the Supreme Court decision was a
victory for breastfeeding in the Philippines. Now we face the work of
ensuring the implementation of the RIRR of the Milk Code.Download the
entire Supreme Court decision here:PHAP vs. Duque decision.doc 296 Kb
Download the UNICEF official statement here:UNICEF statement.doc 120 Kb
And here's Atty. Ipat Luna's take on the Supreme Court
ruling:http://ipatluna.multiply.com/journal/item/80
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