Law Summary
Establishment of the Inter-Agency Committee (IAC)
- Created under EO No. 51, s. 1986
- Composed of Secretaries of Health (Chairman), Trade and Industry, Justice, and Social Welfare and Development
- Tasked with reviewing, evaluating, and approving advertising, promotional, research, and marketing activities related to products covered by EO No. 51
Definitions
- Code: Executive Order No. 51 (Milk Code)
- IAC: Inter-Agency Committee established by EO No. 51
- Nuisance Application: Application rejected for being repetitively denied or frivolous
- Technical Resource Persons: Experts invited to assist IAC deliberations with no voting power
Composition and Representation
- Members must designate official representatives or alternates for meetings
- Representatives must report to the Secretary and declare conflicts of interest under oath
Duties and Functions of the IAC
- Review all advertisements, marketing, sponsorships, and promotional materials involving covered products
- Approve or disapprove promotional materials, ban objectionable content
- Develop and update review guidelines and operational procedures
- Assess and decide on acceptance of donations whether in kind or cash
- Enforce rules necessary to implement the Code
IAC Secretariat
- Food and Drug Administration (FDA) designated as Secretariat
- Responsible for receiving applications, pre-screening materials, investigating violations, and enforcing sanctions
- Issues Cease and Desist Orders for violations
- Provides administrative and technical support
- Publicizes final resolutions and decisions
Disqualification of Resource Persons
- Automatic disqualification upon any conflict of interest related to milk companies or covered products
- Declaration under oath required
Honoraria and Expenses
- Members, Secretariat, and resource persons entitled to honoraria and reimbursement from EO No. 51 funds
Application Procedure
- Application forms from FDA filled and submitted with necessary documents and fees
- Fees are non-refundable and non-transferable
- Materials must be submitted before first Friday of the month for that month's screening
- Amendments or modifications treated as new applications requiring fees
Application Contents and Attachments
- Applicant and product details, advertising material specifics, target audience, dissemination plans
- Supporting documents include product registration, labels, copies of promotional materials
- Different requirements per media type: print, audio, audio-visual, new technologies
Grounds for Automatic Denial
- Insufficient documents, nuisance applications
- Materials containing health and nutrition claims for infants 0-36 months
- Advertising feeding bottles and teats
Sponsorship Rules
- No sponsorship or support from milk companies for health worker training on breastfeeding
- Sponsorships allowed only to health workers, not health facilities
- Sponsorships involving non-health workers require IAC approval
Donations
- Donations of covered products generally prohibited except as allowed by law
- Donations of non-covered items from milk companies require IAC approval, no branding or publicity permitted
IAC Deliberations
- Resource persons may attend without voting rights
- Deliberations cover advertisement concepts and media details
- Approved product labels do not constitute advertisement approval
Results of Deliberation
- Decision communicated within 10 working days
- Material approved or disapproved based on compliance
Certificate of Approval
- Issued if final advertisement conforms to approved material
- Validates publication, broadcast of advertisement
- No changes allowed after issuance without new approval
- Violations subject parties to sanctions
Validity and Renewal
- Certificate valid for 3 months, renewable up to 3 times (max 1 year)
- Renewals require fee and sworn undertaking of no changes
Prohibited Advertising Content
- No direct or indirect discouragement of breastfeeding
- No use of images of babies, mothers, or relatives in ads
- Banned terms like "humanized", "maternalized" for formula
- Strict ban on health and nutrition claims
- No misleading information or idealization over breastfeeding
Prohibited Acts
- No corporate or special displays featuring covered products
- Ban on endorsements by health professionals or celebrities
- Restriction of materials such as health books promoting these products
- No advertisements on vehicles, public places, or unapproved media
Assessment of Total Effect
- Ads must not mislead or convey health/nutrition claims
- Should not imply product use equates to affection or superior health
Mandatory Standard Messages
- Specific required statements in English and Filipino for infant formula, milk supplements, complementary food
- Message formatting requirements (bold Arial, boxed, contrasting colors)
- Inclusion of DOH-approved breastfeeding logo (image of happy Filipino mother and baby)
- Audio and audio-visual ads must include voice-over and visual display of messages
- Restrictions on airing times to avoid prime hours and children’s shows
Cease and Desist Orders
- Issued for airing or distribution without approval or non-conformity with approved materials
- Orders directed at manufacturers, advertisers, media outlets
- Non-compliance triggers sanctions; repeated violations pursued more severely
Legal Provisions
- Separability clause maintains unaffected provisions if part declared invalid
- Repeals inconsistent prior issuances
- Effective 15 days after publication in two general circulation newspapers
- Memorandum filed at UP Law Center for public access
This summary comprehensively captures the provisions, procedures, and legal concepts within the inter-agency guidelines for the exercise of powers under EO No. 51 concerning the marketing of breastmilk substitutes and related products.