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

Complaints Procedure

The Ministry is responsible for monitoring the implementation of the Health Workers’ Code and the INC Code of Practice. The Ministry does this by receiving complaints about potential breaches of either Code of Practice. If an issue is not resolved to the complainant’s satisfaction through a natural justice process, it will be submitted to a Compliance Panel for a decision.

There is an appeal process, presided over by an adjudicator, for complaints unresolved by the Compliance Panel.

The Advertising Standards Complaints Board (ASCB) is responsible for monitoring compliance with the Code for Advertising of Food.

The New Zealand Food Safety Authority is responsible for administering and monitoring compliance with the Food Standards Code.

If you are considering making a complaint about an activity, you need to consider all four codes discussed in this document:

the Health Workers’ Code
the INC Code of Practice
the Code for Advertising of Food
the Food Standards Code.

The information below will help you determine which code you consider may have been breached. Complaints about the activities of individuals or groups who are not covered by these codes can also be brought to the Ministry’s attention, which can deal with them in conjunction with the relevant organisations.

How to make a complaint about the practices of a health worker
If you have concerns about the practices of a health worker or an organisation, for example, they are providing inadequate information to mothers about infant feeding or inappropriately distributing samples, then consult the Health Workers’ Code to determine which section of the code you consider the activity is in breach of.

Fill out the form below:

The Code in NZ Complaint Submission Form (Word, 33 KB)

And send by post to:
Complaints under NZ WHO Code
Population Health Directorate
Ministry of Health
PO Box 5013
Wellington.

or by email to:
code_in_nz@moh.govt.nz

How to make a complaint about the marketing of infant formula for infants from birth to six months of age
If you have concerns about INC companies’ marketing, for example, an advertising campaign, the content of infant formula information and educational material appearing in brochures or advertisements, or the distribution of samples, then consult the INC Code of Practice to determine whether the activity falls within the scope of this code, and which article and clause you consider the activity to be in breach of.

Fill out the form below:

The Code in NZ Complaint Submission Form (Word, 33 KB)

And send by post to:
Complaints under NZ WHO Code
Population Health Directorate
Ministry of Health
PO Box 5013
Wellington.

or by email to:
code_in_nz@moh.govt.nz

How to make a complaint about the advertising of formula for infants aged over six months
If you have concerns about the advertising of follow-on formula or food for infants aged over six months, you can make a complaint to the Advertising Standards Complaints Board under the Code for Advertising of Food. The board will use the guidelines provided by the INC when considering complaints about follow-on formula.

For more information on how to make a complaint to the Advertising Standards Complaints Board, contact the:

Advertising Standards Authority
Phone: 0800 234 357
Email: asa@asa.co.nz
Website: www.asa.co.nz

How to make a complaint about the labelling, composition or quality of formula
If you have concerns about the labelling, composition or quality of formula or other food products, you can make a complaint to the New Zealand Food Safety Authority under the Food Standards Code.

For more information on how to make a complaint to the New Zealand Food Safety Authority, contact the:

New Zealand Food Safety Authority
Phone: 0800 693 721
Email: nzfsa.info@nzfsa.govt.nz
Website: www.nzfsa.govt.nz

Preparing your complaint
When preparing your complaint, state clearly what you consider the activity is in breach of. Provide as much information, evidence and documentation as possible, for example, dates, names, location and photographs. If you are unsure how to prepare a complaint or have difficulty preparing your complaint, seek assistance from your organisation, an organisation involved in the provision of Well Child services or a community group.

View a flowchart of the Complaints Process for the Health Workers Code and/or the INC Code of Practice.

Page last updated: 3 August 2009