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Birmingham Trading Standards v SMA/Wyeth judgement due

Judgement regarding the criminal prosecution of SMA Nutrition for alleged illegal advertising of infant formula will take place at 2 pm Thursday, 31st July.

Birmingham District Magistrates Court, Victoria Law Courts, Corporation Street, Birmingham, B4 6QA

Click here for a jpg of the alleged advertisement at the centre of the case.

Click 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 Patti Rundall on 07786 523493 or Mike Brady on 07986736179.

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