| 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.
Numico's direct marketing in the UK
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Company
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Item
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Date
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Violation Reference
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Numico
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Mail shots to mothers and promotional booklets
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July 1999
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comp/99/13
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Background:
Numico is a Dutch company which was formed soon after Nutricia took over Milupa and Cow&Gate. Since the takeovers, Milupa and Cow&Gate have been acting more aggressively in the UK market and are now using direct marketing techniques to promote breastmilk substitutes to parents.
Write to the man responsible - Mr. Klaas de Jonge, Director, Numico, Rokkeveemseweg 49, 2712 PJ Zoetermeet, Netherlands. (Fax: +31 79 3539 620):
Numico subsidiaries Milupa and Cow&Gate are violating important provisions of the International Code of Marketing of Breastmilk Substitutes in the UK by promoting breastmilk substitutes direct to parents. Article 5.5 of the International Code states that: "Marketing personnel should not seek direct or indirect contact of any kind with pregnant women or with mothers of infants and young children."
Recent examples include a letter dated 15th July sent by Milupa to parents saying: "you may be interested to learn how Milupa milks are unique." The letter includes "information" on Milupa's products which was published in the journal for Health Visitors. Milupa fails to mention that this was published as an "advertorial" written and paid for by Milupa, giving the impression it was an independent article. Distributing the advertisement to parents in this way is not only misleading, it goes against the UK Infant Formula and Follow-on Formula Regulations. Section 17 (1) of the UK Law states: "No person shall publish or display an advertisement for an infant formula except in a publication specialising in baby care and distributed through the health care system, in a scientific publication or for the purposes of trade..." Will Numico investigate the activities of Milupa in the UK and ensure that direct contact is not made with parents again? Will Numico give an undertaking to ensure that all staff are aware of the provisions of the International Code and that all marketing activities comply with the provisions?
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Another example is the "In-touch" booklet distributed by Numico subsidiary Cow&Gate through health facilities and shown above. This violates Article 6.2 of the International Code which states: "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." The booklets promote Cow&Gate infant formulas and other breastmilk substitutes. The booklets also invite parents to telephone the company's Babyfeeding Information Service and to sign up to the In-touch programme to receive free samples and information on products, including infant formula. Encouraging direct contact with parents is another clear violation of Article 5.5 of the International Code. In addition, giving gifts violates Article 5.4 of the International Code which states: "Manufacturers and distributors should not distribute to pregnant women or mothers of infants and young children any gifts of articles or utensils which may promote the use of breastmilk substitutes or bottle feeding." Will Numico instruct its Cow&Gate subsidiary to cancel its In-touch promotional programme immediately and to respect the provisions of the International Code?
Hipp goes on the offensive against Georgia's law
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Company
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Item
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Date
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Violation Reference
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Hipp
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Opposition to baby food marketing law
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July 1999
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comp/99/14
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Background:
Hipp is a German company which manufactures sweetened fruit and tea drinks for feeding to infants as young as one-week of age. Health professionals in Eastern Europe and the former Soviet Union are particularly concerned by the aggressive marketing methods Hipp is using (see Campaign for Ethical Marketing action sheet July 1999). Georgia has drafted a law to regulate the marketing of infant foods, but Hipp is opposing the law. You can help to support it.
Write to the man responsible for Hipp's aggressive marketing - Mr. Klaus Hipp, General Manager, Hipp K. G., Postfach 1551, 85265 Pfaffenhofen, Germany. (Fax: +43 7612 76577 201):
Hipp is well-known for violating the provisions of the International Code of Marketing of Breastmilk Substitutes and subsequent, relevant Resolutions of the World Health Assembly. For example, many Hipp teas and juices are labelled for use before 6 months of age which violates Resolution 47.5 of the Assembly. Why does Hipp refuse to change its labels to bring them into line with international standards?
Governments are called on by the Assembly to implement the International Code and Resolutions. Why is Hipp opposing this process in Georgia? Hipp's representative, Mr. Macatsaria, published a newspaper article on 22nd July attacking the draft law which is currently passing through the Georgian Parliament. Will Hipp give an undertaking to put infant health before its own profits and support a strong law for Georgia?
Nestlé denies Gabon evidence
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Company
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Item
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Date
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Violation Reference
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Nestlé
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Promotion of Cerelac at health facilities.
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July 1999
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comp/99/15
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Background:
The Ministry of Health in Gabon wrote to Nestlé in 1997 asking it to stop distributing free samples of Cerelac at health facilities (see Campaign for Ethical Marketing action sheet September 1997). In February 1999 the Minister of Health was interviewed on French TV and confirmed he had made this request of Nestlé. In July 1999 Baby Milk Action's partner organisation in Gabon stated: "We have seen with our very own eyes that such distribution does take place in Mother and Child Centers in Libreville." Nestlé continues to deny it has done anything wrong.
Use the following as a guide to write to the man responsible - Mr. Peter Brabeck, Chief Executive Officer, Nestlé, 55, av. Nestlé, 1800 Vevey, Switzerland. (Fax: +41 21 922 6334):
The Ministry of Health in Gabon has asked Nestlé to stop distributing free samples of Cerelac at health facilities and to stop using film shows and free gifts to promote the product. In its reply to the Ministry (17th July 1997) Nestlé did not agree to the request, but instead argued that Cerelac is not covered by the marketing requirements for breastmilk substitutes. The Public Affairs Manager of Nestlé (UK) has replied to concerned members of the public on your behalf by stating: "Nestlé does not distribute free samples of Cerelac in Gabon and distributes only educational and informational materials to medical and health professionals, as permitted by the WHO Code." The evidence suggests otherwise. Will Nestlé Head Office conduct a thorough investigation and ensure that Cerelac is not promoted in the ways described by the Ministry of Health in future? Please explain what disciplinary action will be taken against those responsible for breaking the Ministry's requirements.
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