On 3rd February 1999 the Reuters World Report carried a story "UK ad body upholds baby milk challenge to Nestlé" concerning complaints brought to the ASA by Baby Milk Action about a Nestlé advertisement. This story was also carried by Marketing Week with the title "Nestlé loses ASA battle."

In response to these reports Mike Brady, Campaigns and Networking Coordinator for Baby Milk Action, stated: "In general companies are free to say what they like about their activities and public interest groups can do little about it. When Nestlé made these claims in an advertisement we were able to act, because advertisements are subject to regulations. After the ASA made its ruling we wrote to Nestlé asking if it will now stop making similar claims in publications, letters and meetings. Nestlé reacted by blocking publication of the report by appealing."

In the Reuters' report Nestlé is quoted as saying "We were surprised that in view of the embargo Baby Milk Action should have circulated the full adjudication which is subject to an appeal by the chairman of the ASA."

Mike Brady, Campaigns and Networking Coordinator for Baby Milk Action: "The ASA specifically requested that we send out the full adjudication with all press releases on this issue before the appeal and agreed that we could send out an embargoed press release. I understand from the ASA that Nestlé was informed of these facts at least five days before Nestlé's claim to be 'surprised'. Nestlé's statement implies we have broken ASA rules. Our solicitors have written to Nestlé asking it to withdraw the statement."

To clarify the situation to those expecting an ASA report on a Nestlé advertisement to be published on 10th February, Baby Milk Action requested a statement from the ASA after being informed of the appeal. The ASA sent the following letter, dated 28th January 1999 (for further information contact Chris Reed on +44 (0) 171 436 1698). Baby Milk Action has been informed by the ASA that a copy of this letter was faxed to David Hudson, Nestlé Communications and Corporate Affairs Director, on the same day. Yet more than five days later Nestlé was still implying that Baby Milk Action behaved in a way that is not appropriate. We reproduce the letter in its entirety on this web site.

Baby Milk Action prepared a press release Nestlé blocks publication of ASA report on its ethical claims after Nestlé's appeal, following discussions with the ASA, and has been distributing this to those who had received the earlier embargoed press release. Mike Brady said "I stopped distributing the embargoed press release when the ASA sent me a fax requesting this. Nestlé knew from the ASA that Baby Milk Action acted in good faith. Suggesting otherwise, as Reuters reports, defames our integrity and we take this matter very seriously."