What the Code and Nestlé Instructions say
Article 5.1 of the Code: "There should be no advertising or other form of promotion to the general public of products within the scope of this Code."
Article 2: "The Code applies to the marketing, and practices related thereto, of the following products: breastmilk substitutes, including infant formula..."
Article 5.3 of the Code: "...there should be no point-of-sale advertising, giving of samples, or any other promotion device to induce sales directly to the consumer at the retail level, such as special displays, discount coupons, premiums, special sales, loss leaders and tie-in sales, for products within the scope of this Code."
The Nestlé Infant Formula Policy in Developing Countries: "NESTLE DOES NOT advertise or promote infant formula to the public."
Undisputed fact: Nestlé is defending advertising Nan infant formula in South Africa while also claiming the Code is its minimum standard.
Question: Is Nestlé correct? Taking the International Code as a minimum standard, can Nestlé advertise infant formula in Africa?
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