The tables below give details of some recent violations. The date when the violation was last reported to Baby Milk Action or confirmed to be current is given. The violation reference is for Baby Milk Action's records. Please quote it if forwarding correspondence to us, if possible.

• Peru needs your help
• Danone in Gabon
• Nestlé in Gabon

Peru needs your help

Company	Item	Date	Violation Reference
Abbott Ross Mead Johnson Nestlé Wyeth	Despite violations by these companies, there is pressure to rescind Peru's law	April 1999	comp/99/03

In 1982 Peru was the first country in the world to adopt legislation implementing the International Code. Monitoring by the International Baby Food Action Network (IBFAN) indicates that company malpractice continues, despite the law. The situation could get worse as we understand there is now pressure for the law to be rescinded.

Our IBFAN partners in Latin America have asked us to help. By sending letters of support to the Minister of Health in Peru we can assist him in defending the law.

The law is important because it gives the International Code and Resolutions teeth. If companies act correctly, as they claim, the law will not cause them problems. Article 11.3 of the International Code calls on them to abide by its provisions even if no government measures are in place. However, monitoring by the IBFAN Peru group has documented many types of violation by the major manufacturers. Rather than rescinding the law, the government should be encouraged to use it effectively to stop the violations.

Monitoring was recently conducted in Peru by our IBFAN partners and was reported in Breaking the Rules, Stretching the Rules 1998. The following promotional methods were being used by the major companies in violation of the International Code and Resolutions:

• Free samples of infant formula for mothers and health professionals (Abbott Ross, Mead Johnson, Nestlé, Wyeth).
• Free supplies of infant formula in hospitals (Abbott Ross).
• Posters and displays in the health care system showing brand names (Abbott Ross, Mead Johnson, Nestlé, Wyeth).
• Gifts to health workers and mothers (Abbott Ross, Mead Johnson, Nestlé, Wyeth).
• Product information for health workers not limited to scientific and factual matters (Abbott Ross, Nestlé).
• Point of sale promotion for infant formula (Abbott Ross, Nestlé, Wyeth).

Violation

Complain to

Articles violated include: Article 4.3, Article 5.1, Article 5.2, Article 5.3, Article 6.2, Article 6.3, Article 6.8, Article 7.2, Article 7.3, Article 7.4 Companies "should regard themselves as responsible for monitoring their marketing practices" according to Article 11.3.

Mr. Duane L. Burnham, Chief Executive Officer, Abbott Laboratories, 1 Abbott Park Road, Abbott Park, IL 60064-3500, USA. Fax:+1 847 938 1342 Mr. Peter R. Dolan, President, Mead Johnson Nutritional Group, Bristol-Myers Squibb Company, 2400 W. Lloyd Expressway, Evansville, Indiana 47721, USA. Fax: +1 812 429 7538 Mr. Peter Brabeck, CEO Nestlé, 55, av. Nestlé, 1800 Vevey, Switzerland. Fax: 41 21 922 6334 Mr. John R. Stafford, CEO, Wyeth (American Home Products), PO Box 8616, Philadelphia, Pennsylvania 19101, USA. Fax: +1 610 688 6228

Danone in Gabon

Company	Item	Date	Violation Reference
Danone	Distribution of formula to mothers and health workers	January 1999	comp/99/04

Danone, known in the UK for its dairy products and Evian bottled water, is also in the baby food business. In Gabon our IBFAN partners, Association Gabonaise pour la Promotion de l'Alimentation Infantile, have written to Danone asking it to stop distributing samples of Gallia ready-to-use formula at health facilities. The company has also been asked to stop distributing publicity material for the products.

Article 6.2 of the International Code states that "no facility of a health care system should be used for the purpose of promoting infant formula or other products within the scope of this Code." Distribution of free samples to mothers is specifically banned by Article 5.2 and in 1994 the World Health Assembly adopted Resolution 47.5 stressing that there should "no donations of free or subsidized supplies of breastmilk substitutes... in any part of the health care system."

Write to Danone and ask it to stop promoting its Gallia formula through health facilities as required by the articles of the International Code and Resolution 47.5 referenced above.

Violation

Complain to

Article 6.2 states that "no facility of a health care system should be used for the purpose of promoting infant formula or other products within the scope of this Code." Distribution of free samples to mothers is specifically banned by Article 5.2 Resolution 47.5 stresses that there should "no donations of free or subsidized supplies of breastmilk substitutes... in any part of the health care system."

Mr. Franck Riboud, Chief Executive, Danone Group, Head Office, 7 rue de Teheran, 75008 Paris, France. Fax: +33 142256716

Nestlé in Gabon

Company	Item	Date	Violation Reference
Nestlé	Promotion at health facilities	February 1999	comp/99/05

On the September 1997 Campaign for Ethical Marketing action sheet we exposed how Nestlé was distributing its Cerelac complementary food at health facilities in Gabon despite being told by the Ministry of Health that this was a "flagrant violation." Nestlé had first been asked to stop the practice in 1991. Nestlé was unrepentant.

A French TV programme Le Vrai Journal was prompted by the action sheet to travel to Gabon to visit a health facility and to interview the Minister of Health. The programme, broadcast on 28th February 1999, used this and other examples of Nestlé malpractice to expose untrue claims made in Nestlé's booklet: Nestlé: Complying with the WHO Code.

Nestlé continues it agressive promotional activities in Gabon. Recently we have learned that Nestlé is distributing posters and pamphlets to health facilities. It is also reported that Nestlé is giving gifts to health workers and sponsoring trips and conferences.

Write to Nestlé and ask it whether it will stop distributing free samples of Cerelac as required by the Ministry of Health, Gabon. Ask it to abide by Article 6.2 of the International Code by stopping distribution of promotional materials to health facilities.

Violation	Complain to
Article 6.2 states that "no facility of a health care system should be used for the purpose of promoting infant formula or other products within the scope of this Code."	Mr. Peter Brabeck, CEO Nestlé, 55, av. Nestlé, 1800 Vevey, Switzerland. Fax: 41 21 922 6334

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