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.

September 1997

• Nestlé flouts Gabon's requirements
• Nestlé attempts to silence critics in the Philippines
• Mead Johnson promotes to parents

Nestlé flouts Gabon's requirements

Company	Item	Date	Violation Reference
Nestlé	Ignores Government measures implementing the International Code	August 1997	comp/97/10

Nestlé has been told by the Gabon Ministry of Health that its marketing practices are unacceptable, but has stated that it will not change its ways.

The current dispute is over the marketing of Cerelac, a complementary food. The World Health Assembly stated in 1994 that complementary feeding should be fostered from about 6 months of age, emphasizing continued breastfeeding and use of local foods. Over-dilution of expensive processed foods such as Cerelac can be a cause of malnutrition and use of unsafe water puts infants at risk.

Nestlé has been pushing Gabon's Government since at least 1991 to allow it to advertise Cerelac on television. The Government has consistently refused. Receiving a further request in June this year, the Ministry reminded Nestlé of the letters it had already been sent and repeated its request that Nestlé stop the promotion of Cerelac to mothers and health professionals at public and private hospitals by methods including:

• film shows
• free samples
• gifts

The Ministry describes Nestlé's marketing of Cerelac as a flagrant violation of the Government's requirements, of which Nestlé should be well aware.

Nestlé responded to the Ministry in July by proclaiming that it is a respected international company with the highest standards of morality and ethics. Nestlé then states that it intends to disregard the Government's requirements as it does not believe Cerelac is covered by the International Code.

Nestlé claims to support implementation of the International Code which was adopted by the World Health Assembly as a "minimum requirement" to be implented in its entirety.

Ask Nestlé to:

• abide by the requirements of the Government of Gabon and World Health Assembly (WHA) Resolution 49.15 which calls for measures to ensure that "...complementary foods are not marketed in ways that undermine exclusive and sustained breastfeeding."
• label its complementary foods for use from about 6 months in accordance with WHA Resolution 47.5.
• stop offering gifts to mothers and health workers in accordance with Articles 5.4 and 7.3 of the International Code.

Violation	Complain to
Incorrect labelling and marketing practices. Lack of respect for Government implementation.	Mr. Peter Brabeck, CEO Nestlé, 55, av. Nestlé, 1800 Vevey, Switzerland.

Nestlé attempts to silence critics in the Philippines

Company	Item	Date	Violation Reference
Nestlé	Promotes directly to mothers	August 1997	comp/97/11

Nestlé threatened a TV station in the Philippines at the end of July after a programme criticised it for unethical marketing. Ines Fernandez of ARUGAAN, a partner organisation in the International Baby Food Action Network (IBFAN) presented evidence on RPN Channel 9 of unethical marketing practices. Nestlé is the principle company in the Philippines breaking the International Code. Its promotional methods include using midwives, traditional birth attendants and community-based health volunteers as extended sales staff paid with gifts or money on a commission basis (last year IBFAN (to which Baby Milk Action belongs) brought Dr. Imelda Ben of the Philippines to the Nestlé AGM so that she could raise these issues with the board)

Nestlé reacted to the broadcast promptly, but not in a constructive way. The following day station managers received a memorandum threatening to remove Nestlé's advertising from the station. Because of the extent of its activities Nestlé is able to exert a powerful influence. The programmes host has been reprimanded and work is now taking place to counter the adverse publicity generated by the show.

Write to Nestlé requesting that it:

• stops promoting its products directly to mothers in accordance with Article 5.1 of the International Code.
• ends the practice of giving inducements to health workers for promoting products (Article 7.3).
• undertakes to respond positively to genuine concerns instead of trying to silence its critics.

Violation	Complain to
Promoting directly to mothers	Mr. Peter Brabeck, CEO Nestlé, 55, av. Nestlé, 1800 Vevey, Switzerland.

Mead Johnson promotes to parents

Company	Item	Date	Violation Reference
Mead Johnson	Promotional leaflets	August 1997	comp/97/12

With the pictured "information slips" Mead Johnson has enlisted the help of Paddington Bear since August last year to make the following plea to health professionals in the UK: "Please give one of these to parents when you suggest Enfamil AR."

• 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."
• Article 5.1 bans promotion to mothers and Article 4.3 says informational material must not bear a brand name.

Ask Mead Johnson to abide by the International Code.

Violation	Complain to
Using the health care system to promote its products	Mr. Peter R. Dolan, President, Mead Johnson Nutritional Group, Bristol-Myers Squibb Company, 2400 W. Lloyd Expressway, Evansville, Indiana 47721

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