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Take action to stop these violations of the International Code of Marketing of Breast-milk Substitutes. The people responsible have names and addresses - call on them to market their products ethically.

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.


Nestlé's latest PR booklet exposed
No.1: violations in Colombia

Company
Item
Date
Violation Reference
Nestlé
Widespread violations in Colombia
March 1998
comp/98/22

 

Nestlé: Complying with the code

...or not...

 

In its new PR booklet shown above Nestlé claims to be abiding by the International Code and cites Colombia as an example of its good behaviour. Also shown above is a Nestlé promotional booklet for health workers in Colombia which violates the Article 7.2 of the International Code by implying that Nan 1 is equivalent to breastmilk (leche materna).

Nestlé launched the glossy PR booklet, entitled Nestlé: Complying with the WHO Code, at the World Health Assembly in May 1998. Nestlé was concerned that the Assembly would adopt a Resolution targeting its latest marketing strategies and argued for self-regulation and voluntary codes of conduct.

In the booklet Nestlé pictures the flags of 17 countries and implies that each country endorses Nestlé's marketing activities. However, closer inspection reveals that the statements alongside each flag come from one individual or organisation within the country.

One such example is the Sociedad Colombiana de Pediatria which is quoted as follows: "The undersigned President of the Colombian Paediatrics Society certifies the company Nestlé de Colombiana S.A. has not been involved with any publicity or promotion of breastmilk substitutes in accordance with the Decreto 1397 of the 24 of August 1992 of the Ministry of Health."

Yet our latest monitoring report Breaking the Rules, Stretching the Rules, 1998 reveals that in Colombia Nestlé uses a variety of promotional methods. Nestlé:

  • distributed free samples of infant formula to mothers.
  • donated materials promoting infant formula and complementary foods to be displayed in health facilities.
  • gave gifts to health workers.
  • promoted infant formula in shops.
  • produced product labels which do not include the required warning that the product should only be used on the advice of a health worker.
  • distributed information to health workers which is not limited to scientific and factual information and implies that bottle-feeding is equivalent to breastfeeding (see the pictured example above).

Ask Nestlé:

  • to stop violating the International Code and Resolutions in Colombia.
  • to declare any financial or other support it has given to the Sociedad Colombiana de Pediatria (In 1994 the British Paediatric Association recorded an anonymous donation of £140,000 in its accounts. Members protested when Nestlé was exposed as the donor).
  • to withdraw its misleading booklet Nestlé: Complying with the WHO Code.

Violation
Complain to
All the activities described are violations of the International Code Mr. Peter Brabeck,
CEO Nestlé,
55, av. Nestlé,
1800 Vevey,
Switzerland.
Fax: 41 21 922 6334


Abbott Ross and self-regulation in the United States

Company
Item
Date
Violation Reference
Abbott Ross
Free samples of Similac infant formula sent to mothers. Promotion through competitions in shops.
August 1998
comp/98/23

The United States has done little to implement the International Code and Resolutions and provides a cautionary tale for anyone who believes the baby food industry can be trusted to regulate itself.

One mother in Massachusetts contacted us after visiting our web site and learning about the International Code and Resolutions. She wrote "I'm so angry and upset right now! I miscarried last fall; this coming Monday would have been my due date. Well, yesterday afternoon I came home from work to find a box of Ross formula samples in the mailbox - 'A special gift from the makers of Similac' to welcome my new baby."

A mother from New York reported "I received a marketing letter from Similac telling me to expect a parcel because they had sent me a FREE CASE of unsolicited infant formula. I have no idea how these people got notice that I was even pregnant."

Another mother wrote: "Recently, my sister, who is expecting a baby, joined the 'Baby Registry Club' at Toys 'R' Us. She won a draw that is held monthly. I was very surprised that she won two nine hundred gram cans of Similac. I questioned the manager at Toys 'R' Us to find out if they were using the baby formula for their own promotion or if it was Similac promoting their own products. The manager stated that a saleswoman from the company brought in the products to be given away as a free gift."

Ask Abbott Ross to confirm that it is its policy to distribute unsolicited free samples of Similac to new mothers and to promote Similac in prize draws at Toys 'R' Us. Ask Abbott Ross if it is aware that such activities violate the International Code and Resolutions and if its internal guidelines reflect these measures.

Violation
Complain to
Free samples are banned by Article 5.2
Promotion in retail outlets is banned by Article 5.3
Mr. Duane L. Burnham
Chief Executive Officer
Abbott Laboratories
1 Abbott Park Road
Abbott Park
IL 60064-3500
USA.
Fax:+1 847 938 1342


Nestlé targets Croatia

Company
Item
Date
Violation Reference
Nestlé
Advertisement for medical representative
June 1998
comp/98/24

Croatia is soon to be the target of Nestlé's baby food marketing machine. An advertisement for sales staff was placed in one of the biggest daily newspapers in June 1998.

Nestlé states that it "is intending to intensify its activities in the infant nutrition segment, the origin of the Nestlé Company and still one of the companies' [sic] main strategic pillars."

Nestlé is seeking someone, ideally a doctor, to assist it in "positive sales development in the assigned area" through contact with the medical profession and:

  • "Active participation in medical congresses representing Nestlé and organization of lectures and product presentations in hospitals and medical schools."

Nestlé is advertising for an, "Enthusiastic & goal oriented person." It would be interesting to know what goals Nestlé sets for its representatives as Article 8.1 of the International Code forbids any system of sales incentives or sales quotas.

Ask Nestlé to explain why it describes its infant nutrition business as "one of the companies' main strategic pillars." When its baby food marketing is crticised Nestlé often claims that infant formula makes up a small fraction of its turnover and that "breastmilk substitutes should not compete with breastfeeding" (This quote comes from Nestlé's latest PR booklet).

Violation
Complain to
The explicit references to sales development and goals suggests a possible violation of Article 8.1. Mr. Peter Brabeck,
CEO Nestlé,
55, av. Nestlé,
1800 Vevey,
Switzerland.
Fax: 41 21 922 6334




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