Question & AnswerQ&A (EXECUTIVE ORDER NO. 51)
The code is titled 'National Code of Marketing of Breastmilk Substitutes, Breastmilk Supplements and Other Related Products'.
The aim of the Code is to contribute to the provision of safe and adequate nutrition for infants by protecting and promoting breastfeeding, and ensuring the proper use of breastmilk substitutes and supplements based on adequate information and appropriate marketing and distribution.
The Code applies to breastmilk substitutes, including infant formula; other milk products, foods, and beverages marketed as partial or total replacements of breastmilk; feeding bottles and teats; and covers their quality, availability, and information concerning their use.
A 'Breastmilk Substitute' means any food marketed or represented as a partial or total replacement for breastmilk, whether or not suitable for that purpose.
No advertising, promotion, or marketing materials for products covered by the Code shall be printed, published, distributed, exhibited, or broadcast unless approved by the inter-agency committee. Manufacturers and distributors cannot give samples or gifts related to these products to the general public or health personnel, and point-of-sale advertising and promotions like discounts or special displays are prohibited.
The government is responsible for ensuring objective and consistent information on infant feeding is provided, particularly through the planning, provision, design, dissemination, and control of such information.
Labels must include 'Important Notice' or equivalent, a statement on the superiority of breastfeeding, advice that the product should be used only on the advice of a health worker, and instructions on proper preparation and health hazard warnings related to inappropriate preparation.
Violators may be punished with imprisonment of two (2) months to one (1) year or a fine between One Thousand Pesos (P1,000) and Thirty Thousand Pesos (P30,000), or both. If the violator is a juridical person, responsible officers may be penalized. Repeated violations may result in suspension or revocation of licenses or permits.
The inter-agency committee, composed of the Ministers of Health, Trade and Industry, Justice, and Social Services and Development, reviews and approves or disapproves advertising and marketing materials related to products under the Code, prescribes procedures, and promulgates rules for implementation.
Health workers must encourage and promote breastfeeding, be familiar with infant nutrition and their responsibilities under the Code, restrict acceptance of inducements from manufacturers or distributors, not distribute samples of infant formula to mothers, and provide counseling emphasizing hazards of improper use of substitutes.