Standards v SMA/Wyeth judgement due
the criminal prosecution of SMA Nutrition for alleged illegal
advertising of infant formula will take place at 2 pm Thursday,
Magistrates Court, Victoria Law Courts, Corporation Street, Birmingham,
here for a jpg of the alleged advertisement at the centre
of the case.
here for the text of the UK law.
As well as arguing
the piece is 'information' and not 'advertising', SMA is challenging
the UK law's ban on advertising to the general public. SMA claims
this is a barrier to the free movement of goods and presented
evidence of European Union countries that permit advertising to
the general public. SMA attempted to exclude evidence that other
European Union countries have advertising bans at least as strong
as in the UK. Click here
for details of how EU countries have implemented the relevant
EU directive, which permits the banning of advertising.
While SMA challenges
the UK law, the United Nation's Committee on the Rights of the
Child has commented on the low breastfeeding rates in the UK and
called for the Government to implement the International Code
of Marketing of Breastmilk Substitutes, which bans all promotion
of breastmilk substitutes. The Code and subsequent World Health
Assembly Resolutions restrict companies to providing scientfic
and factual information to health workers, who have responsibility
for advising parents. Click here
for a press release on the UN report.
For further information
and to be alerted of the judgement contact Baby Milk Action staff
on 07786 523493 or Mike
Brady on 07986736179.