QuestionsQuestions (EXECUTIVE ORDER NO. 306)
It is promulgated pursuant to the authority of the Inter-Agency Committee (IAC) under E.O. No. 51, s. 1986 (Milk Code) and its Revised Implementing Rules and Regulations (RIRR). Its purpose is to lay down guidelines on how the IAC shall exercise its powers and functions, particularly in reviewing and approving (or disapproving) advertising, promotion, sponsorship, and marketing activities covered by E.O. 51.
The IAC is composed of the Secretaries of Health (Chairman), Trade and Industry, Justice, and Social Welfare and Development. Each member designates a duly authorized representative and alternate who may decide and vote in behalf of the absent Secretary, provided such authority is issued through an official issuance and the representative/alternate reports back on matters discussed.
The FDA serves as Secretariat. It accepts applications, conducts pre-evaluation/review, and assists administratively and technically during deliberations. It can also investigate/verify violations and apply administrative sanctions per the RIRR, and may issue a Cease and Desist Order (CDO) signed by the IAC Chairman.
All advertising and marketing, including sponsorships and promotional materials, plus any written, audio, visual, cinema/theater/audio-visual, electronic advertising (e.g., emails, text messages, telephone calls, and websites). Materials intended for public information/communication for products within the Milk Code scope must also be reviewed.
A nuisance application is an application that may be denied outright by the IAC Secretariat for reasonable grounds, such as being substantially the same as a previously denied application (e.g., corrected typographical error) or already screened and denied for similar grounds.
The applicant must secure the application form from the FDA-IAC Secretariat or FDA website, submit the accomplished form with required documents and proof of payment, submit only complete documents, file on or before the first Friday of each month for inclusion in that month’s screening, and apply separately per type of advertising material.
Any modification prior to IAC deliberation is deemed a withdrawal of the application.
No. Any amendment on a submitted material previously screened by the IAC is treated as a new application, requiring the same application procedure and payment of fees.
Automatic denial may be based on: (a) insufficient documents; (b) nuisance application; (c) materials with health and nutrition claims for 0–36 months; and (d) feeding bottles and teats.
Sponsorships/assistance/logistics/training by milk companies to health workers aimed to update breastfeeding knowledge and skills are generally not permitted. Limited sponsorships may be allowed if the recipient is a health worker, no sponsorship to health facilities/health systems, if the event may reach non-health workers it must be applied to the IAC for approval, and the applicant must be the recipient of the sponsorship.
Donations are generally not permitted except those allowable under RA 7600. Donations outside the Code scope require IAC approval and must be without name/logo, public relations, announcements, or brand names of the donating company or covered products on donated items.
No. Resource persons may provide guidance and inputs to clarify matters but have no voting power.
The IAC considers, among others: all health/nutrition claims are potentially misleading and should not be allowed; the promotion must be objective and must not idealize the product over breastfeeding; and the total effect must not suggest that buying/using the product means giving love/affection or results in better health or other exaggerated, unsubstantiated outcomes.
The IAC Secretariat must immediately issue a Cease and Desist Order (CDO) signed by the IAC Chairman against the manufacturer, advertising company, media outlets carrying the advertisement, and the relevant radio/TV stations, ordering withdrawal of the promotional materials. If not complied, sanctions under E.O. 51 apply.
The Order requires specific primary messages and warnings depending on the product category (e.g., infant formula vs. milk supplements vs. complementary foods) and includes mandatory formats for print, audio, and audio-visual ads, including required breastfeeding logo usage and prohibition of misleading/undermining content.
TV and radio advertisements should not be aired in primetime, weekends, in children’s shows/family shows, or during holidays.
The Certificate of Approval is valid for three (3) months and may be renewed at most three (3) times, but the total validity period cannot exceed one (1) year, subject to payment of required renewal fees and an undertaking that no changes were made in the approved material.