Campaign for ethical marketing
23/09/2009 Philippines
WHO estimates that “Some 1.5 million children still die every year because they are not adequately breast
fed” [1]. This figure brings into account children who are fed inappropriate, unhygienic, and nutritionally
poor foods such as rice water, sugar water, cassava or other starchy material which are not infant
formula and which are wholly inadequate nutritionally. Our studies have shown that, in developing
countries, infant formula is overwhelmingly purchased by the middle and upper classes, and working
women who have to leave their infants with others for long periods in order to support their families. For
these infants, formula is a vital product, and a factor which enables the mother to earn income necessary
to purchase food for the rest of the family preventing them from suffering malnutrition and starvation.
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[1] WHO Global Strategy for feeding infants and young children, WHA Resolution 54.7, 2001.
While Nestlé does not promote infant formula in the developing world, we have found that in countries
such as Pakistan, India, and Bangladesh, infant formula sales have been increasing over time and this
is happening at the same time that infant mortality is decreasing. When used properly, infant formula
saves lives.
The International Code of Marketing of Breast Milk Substitutes cannot be a „requirement‟ for all
countries: no policy of WHO is such. Rather WHO adopted the Code as a recommendation to
countries to set policy and legislation according to each country‟s specific health needs and socio
economic conditions. While former WHO General Secretary Gro Harlem Brundtland has stated that
the WHA resolutions have the same weight as the WHO Code, they do not override nor replace the
Code. Thus where the WHA resolutions are in conflict with the WHO Code, there is a gap in
understanding. Until such gaps can be filled, the WHO Code should stand as the gold standard.
Something which seems to be neglected is that one of the aims of the Code is to “ensure the proper
use of breast-milk substitutes, when these are necessary, on the basis of adequate information and
through appropriate marketing and distribution”.
Presence of infant formula at the Nestlé annual General Assembly
The Nestlé General Assembly is an annual gathering of persons who hold shares in the company.
As is generally the case at shareholder meetings, participants are provided with information and data
about the company‟s operations, product portfolio, business prospects, community projects and other
information. Shareholders, who are in fact the owners of the company, know that infant formula is part
of our product portfolio and have a legitimate interest in being informed of scientific advances in it.
Our shareholder meetings are not events for the general public. Therefore the presence of infant
formula cannot be associated to a marketing practice nor to an effort on Nestlé‟s part to „push infant
formula‟, even less to „undermine breastfeeding‟.
Infant formula is a vital product when breast milk is unavailable, and WHO recognises that infant
formula is the single product that is appropriate for nourishing non breastfed infants.
Philipphines Supreme Court
Nestlé hails the decision of the Philippines‟ Supreme Court to back the Department of Health
regulations on formula marketing. Nestlé was never a part of the legal challenge referred to that was
instigated by other companies. To the contrary, Nestlé fully encouraged the Department of Health‟s
efforts to implement the revised regulation, and had written a letter supporting this work to the
