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 Finland breaks the Code
• Nestlé misrepresents Danish letter
• Cow&Gate boasts of direct marketing in the UK

Nestlé Finland breaks the Code
- Nestlé's "monitoring" report exposed - No. 3

Company	Item	Date	Violation Reference
Nestlé	Direct marketing to mothers	November 1999	comp/99/21

Nestlé has launched a new book called Nestlé implementation of the WHO code. This is being distributed around the world. Copies are available from Nestlé.

The book includes a letter from Kalevi Salminen, Director of the Finnish National Food Administration. Nestlé has also posted the letter on its new website. The letter refers to the implementation of the International Code of Marketing of Breastmilk Substitutes in Finnish regulations under Decision 807/1994. (This Decision does not implement all provisions of the International Code and Resolutions).

Nestlé's Chief Executive, Mr. Peter Brabeck, describes the letter as Finland's official verification that Nestlé complies with the International Code. The letter states: "to our best knowledge the marketing practices concerning Infant Formula of Suomen Nestlé Oy are in accordance with the above mentioned Decision 807/1994."

It would appear that the author was unaware that Suomen Nestlé Oy (Nestlé Finland) is advertising the brand names Piltti and Bona on the internet (see www.piltti.ru). These are brand names for Nestlé infant formulas (see below and the August 1997 action sheet, for examples). Nestlé has also produced Piltti infant formula with an idealizing infant picture (see December 1998 action sheet).

Following the campaign on the December 1998 action sheet, Nestlé removed the infant picture from its Piltti infant formula. The new label (right) includes a ship logo which is being used along with the Piltti name as part of a coordinated promotion campaign. Part of this campaign is the self-adhesive transfer shown on the left.

The website www.piltti.ru refers to Bona promotions using direct mail campaigns, gift packs for mothers and sponsorship of paediatric events. Distributors are being offered items promoting the Bona name including pens, bags, "baby passports", brochures and posters.

These activities violate provisions of the International Code and subsequent, relevant Resolutions adopted by the World Health Assembly. For example, Article 4.3, Article 5.1 and Article 6.3 of the International Code effectively ban the provision and display of materials bearing the brand names of breastmilk substitutes (except for scientific and factual informtion for health workers, who have the responsibility for advising mothers on infant feeding issues). Article 5.5 bans marketing staff seeking direct and indirect contact with pregnant women and the mothers of infants and young children (this provision applies even if the contact is made under the pretext of another product, such as a complementary food).

As Finland is a member of the European Union, Nestlé Finland is bound by the European Union Council Resolution 92/C 172/01 "on the marketing of breastmilk substitutes in third countries by Community-based manufacturers".

Nestlé is also distributing a letter from E. A. Krasilnikova, Deputy Head of Department of Food Manufacturing Industry and Infant Food, Russia. Nestlé claims that the letter is the Russian Government's official verification that Nestlé abides by the International Code. The letter states (according to Nestlé's translation): "no case of Nestlé Food LLC's non-complying with the EEC Directive for the marketing of breastmilk substitutes has been so far reported to the Ministry of Agriculture and Food Stuffs of the Russian Federation."

The EEC Directive referred to does not apply in Russia, is more limited than the International Code and Resolutions and does not even prevent countries within the European Union from fully implementing these measures. We have highlighted in the past how Nestlé has lobbied the Russian Government to adopt more limited measures (see August 1997 action sheet). The International Code was adopted by the World Health Assembly as a "minimum" requirement to be implemented in its "entirety" (see Resolution 34.22). Baby Milk Action will inform the Ministry of Nestlé's violations.

Suggested letter to the man responsible for the violations: Mr. Peter Brabeck, Chief Executive Officer, Nestlé, 55, av. Nestlé, 1800 Vevey, Switzerland. Fax: +41 21 922 6334:

Nestlé Finland's promotional schemes for Piltti and Bona brand names violate the International Code of Marketing of Breastmilk Substitutes and subsequent, relevant Resolutions of the World Health Assembly. You have claimed that 130 audits have been conducted by Nestlé in the past five years and that "I personally review any hint of wrongdoing that the auditors uncover." Has an audit of Nestlé Finland ever been conducted? Will you release a copy of the report? Will you ensure that Nestlé Finland's activities are brought into line with the International Code and Resolutions immediately?

Nestlé misrepresents Danish letter
- Nestlé's "monitoring" report exposed - No. 4

Company	Item	Date	Violation Reference
Nestlé	Mr. Brabeck's comments on a letter from the Danish Government	October 1999	comp/99/22

Background

Nestlé has launched a new book called Nestlé implementation of the WHO Code. This is being distributed around the world. Copies are available from Nestlé. The book includes a letter from Bente Koch of the Danish Veterinary and Food Administration. Mr. Brabeck, Nestlé's Chief Executive, claims the letter is an "official response" from the government "verifying Nestlé's compliance with the WHO Code." When asked by Baby Milk Action if this was a correct representation of her letter, Bente Koch said:

"It is the responsibility of the marketer or distributor to ensure their marketing is in accordance with Danish Regulations. We never certify that a producer is marketing in accordance with the Danish Regulations. It is obvious that a producer has to comply with the Danish regulations. We would never certify such fact. We have only given a description of the system."

Asked if the Administration knew that Nestlé would publish her letter in its book, she said: "We are very surprised."

In 1997 Nestlé received a business award for its success in tackling the Danish breastfeeding promotion campaign, through its Parents Club scheme - leaflets such as this have been distributed in supermarkets (see Boycott News 21). Nestlé has been informed by the food control system referred to by Bente Koch that a mailing broke the law - Nestlé's appeal against the decision is pending.

You have claimed that the Danish Government has officially verified that Nestlé complies with the WHO Code. It is reported that this claim is false and that the letter published by Nestlé as proof only describes how the WHO Code has been implemented in Denmark. I request that you issue a correction to everyone who has received the book Nestlé implementation of the WHO Code, in which the untrue claim also appears.

Cow&Gate boasts about its direct marketing in the UK

Company	Item	Date	Violation Reference
Numico	Direct marketing to mothers	November 1999	comp/99/23

On the August 1999 action sheet we exposed how Cow&Gate and Milupa are targeting mothers. Far from making the necessary changes, the companies are boasting about their expertise in direct marketing.

Further details are given in this suggested letter to the Cow&Gate and Milupa parent company - Mr. Klaas de Jonge, Director, Numico, Rokkeveemseweg 49, 2712 PJ Zoetermeet, Netherlands. (Fax: +31 79 3539 620):

I understand that you are launching a Cow&Gate and Milupa Pharmacy gift bag in the UK, and that your agents are telling companies that this provides "the perfect opportunity to directly reach your prime target market by introducing [your company] to 350,000 expectant mothers." Your agent also claims: "Cow and Gate run a highly sophisticated direct mail programme targeted at pregnant and new mothers at key stages of their pregnancy and birth." Article 5.5 of the International Code of Marketing of Breastmilk Substitutes bans such activities and I request that you stop them immediately.

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