Implementing and Monitoring the International Code of Marketing of Breast-milk Substitutes in New Zealand

Background

New Zealand adopted the International Code in 1983. A voluntary, self-regulatory implementation and monitoring process was set up in 1997.

The process

The process was set up as voluntary and self-regulatory because the Government directed that the International Code was to be implemented and monitored through consensus and discussion, not through legislation. Article 5 of the International Code specifies that products within the scope of the International Code are not advertised. In New Zealand, it was not possible to legally restrict the advertising of products without contravening the Commerce Act 1986 and the Fair Trading Act 1986. However, the members of the Infant Nutrition Council (INC) accepted the need for a voluntary code of practice of marketing because of the widely accepted benefits of infants receiving breast milk in the first six months of life. The INC Code of Practice means there should be no marketing of infant formula and no marketing of follow-on formula as a breast milk substitute in New Zealand.

Requirements for the Ministry

As a government agency the Ministry is required to preserve the principles of fairness, transparency, natural justice and self-regulation. To preserve these principles, the Ministry is required to:

• consult with all parties, including industry, when developing a system that affects their practice or business
• make all processes and documentation available on request to all parties under the Official Information Act 1982
• make the subject of a complaint aware of the complaint against their practice, and allow a right of reply
• allow the behaviour of the subject of a complaint to be regulated by their employer or responsible body.

The review

A review of the voluntary, self-regulatory implementation and monitoring process for the New Zealand interpretation of the International Code began in 2001.

The consultation phase consisted of a public submission process and meetings with Pacific health practitioners, Māori health practitioners and consumer groups. Fifty-nine questionnaires and 14 written submissions were received during the submission process. This represented a considerable amount of work on the part of the submitters who provided comprehensive and researched responses. The Ministry considered the diverse and strong views expressed during the consultation phase of the review. The Ministry became aware that the International Code was not well known in New Zealand and that some misinterpretations existed. For example, the International Code was being misinterpreted to mean health practitioners were not allowed to provide information about formula feeding and this was creating difficulties for families and caregivers who were not breastfeeding.

To find a way forward, the Ministry set up a consensus process where two meetings were held in 2003 and 2004 with representatives from stakeholder groups to assist in the completion of the review. The Ministry considered all the issues raised in the consultation and consensus process, along with its responsibility to protect, promote and support breastfeeding; the legislative context; and its responsibility to preserve the principles of fairness, transparency, natural justice and self-regulation. The Ministry decided to continue with a voluntary, self-regulatory approach to implementing and monitoring the International Code in New Zealand. However, the Ministry
acknowledged that attention needs to be paid to raising awareness of the International Code in New Zealand, and to the marketing of follow-on formula.

The review was completed and the review report published in 2004 (Ministry of Health 2004a). The review resulted in 11 actions to refine and strengthen the implementation and monitoring in New Zealand.

The Ministry held a third meeting in 2006 with the stakeholder group to begin the process for implementing the actions in the review.

Page last updated: 2 July 2009