Scope of the Code
- Applies to marketing and practices related to breastmilk substitutes including infant formula.
- Covers other milk products, foods, beverages, including bottle-fed complementary foods when marketed as partial or total replacements of breastmilk.
- Applies to feeding bottles and teats.
- Includes quality, availability, and information regarding their use.
Definitions
- "Breastmilk Substitute": any food marketed or represented as partial or total replacement for breastmilk.
- "Complementary Food": food complementing breastmilk or formula when insufficient.
- "Distributor": entities marketing products under this Code.
- "Infant": children aged 0-12 months.
- "Health Care System": institutions and workers caring for mothers, infants, pregnant women, excluding pharmacies.
- Other key terms include Manufacturer, Marketing, Samples, and Supplies.
Information and Education
- Government responsible for providing objective and consistent infant feeding information.
- Educational materials must detail benefits of breastfeeding, nutrition, preparation, impact of partial bottle-feeding, and proper formula use.
- Materials must include social and financial implications and avoid idealizing substitutes.
Regulation of Advertising and Promotion to the Public and Mothers
- Prohibits unauthorized advertising, promotional activities, distribution of samples or gifts relating to products under the Code.
- No point-of-sale advertising or promotions directly targeting consumers.
- Marketing personnel's direct promotion to pregnant women and mothers restricted.
- Donations only allowed upon Ministry of Health approval.
Health Care System Provisions
- Ministry of Health to promote breastfeeding and provide training to health workers.
- Health care facilities cannot be used for promotion or display of covered products.
- Prohibits manufacturer-paid representatives within health facilities.
- Health education must emphasize hazards of improper use and restrict formula demonstrations to necessary cases.
Health Workers' Responsibilities and Restrictions
- Health workers must promote breastfeeding and understand their obligations.
- Manufacturers may only provide scientific, factual information without implying equivalency or superiority to breastfeeding.
- Prohibition on financial/material inducements to health workers.
- Samples only allowed for research/evaluation under Ministry of Health rules.
- Manufacturers may support research and education under regulation.
Restrictions on Marketing Personnel
- Marketing personnel shall not engage in educational activities directed at pregnant women or mothers.
Labeling and Container Requirements
- Labels must provide necessary usage information without discouraging breastfeeding.
- Mandatory clear notices about breastfeeding benefits, use only on health worker advice, preparation instructions, and health warnings.
- No idealizing pictures or terms like "humanized" allowed.
- Labels must comply with Bureau of Food and Drugs regulations.
Product Quality Standards
- Products must meet high recognized standards aligned with Codex Alimentarius.
- Distribution outlets prohibited from repackaging products to prevent contamination or adulteration.
Implementation and Monitoring
- An inter-agency committee with specific government ministers is established to approve and regulate marketing materials.
- Ministry of Health is primarily responsible for enforcement, policy issuance, coordination, and prosecution.
Sanctions
- Violations punishable by imprisonment (2 months to 1 year), fines (P1,000 to P30,000), or both.
- Juridical persons' responsible officers can be penalized.
- Repeated offense may lead to suspension or revocation of professional/business licenses.
Repealing and Separability Clauses
- Inconsistent laws and regulations repealed or modified.
- Provisions are separable; invalidity of one does not affect others.
Effectivity
- Law takes effect 30 days after publication in the Official Gazette.