The latest version of the new laws are below.

COMMISSION DELEGATED REGULATION (EU) …/… of XXX supplementing Regulation (EU) No 609/2013 of the European Parliament and of the Council as regards the specific compositional and information requirements for infant formula and follow-on formula and as regards requirements on information relating to infant and young child feeding

Formulae

Formulae annexes

_______________

COMMISSION DELEGATED REGULATION (EU) …/…of XXX

supplementmg Regulation (EU) No 609/2013 of the European Parliament and of the Council as regards the specific compositional and information requirements for processed cereal-based food and baby food

Baby food

Baby food annexes

___________________

COMMISSION DELEGATED REGULATION (EU) …/… of XXX supplementing Regulation (EU) No 609/2013 of the European Parliament and of the Council as regards the specific compositional and information requirements for food for special medical purposes

 FSMP

FSMP annexes

Demand that the EU considers the global impact of its policies follows the  Codex Code of Ethics for International Trade

The Codex Code of Ethics for International Trade in Food  calls on Member  States to:   “make sure that the international code of marketing of breast milk substitutes and relevant resolutions of the World Health Assembly (WHA) setting forth principles for the protection and promotion of breast-feeding be  observed.”  

CLICK HERE for February Press Release: New EU rules will trick parents into buying expensive and unnecessary products that will fuel the obesity crisis

CLICK HERE for letters to the European Commissioners

As a World Trade Organisation (WTO) member, the European Union is obliged to notify trading partners of any draft new legislation that could affect conditions for imports.  Accordingly, on 19th June, the EU submitted its proposals for new legislation that will govern trade of baby foods and formulas within the EU and  exports  from its 28 countries.  Page down for the texts and CLICK HERE for the  notification to  the WTO Technical Barriers to Trade (TBT) Committee.[1]

WTO Member States and ‘interested stakeholders’ can make comments to the European Union, Internal Market, Industry, Entrepreneurship and SMEs Directorate-General: GROW-EU-TBT@ec.europa.eu

If you can, please do  tell the EU Commission that these new laws will set a bad model for health policy globally, will undermine and compromise rights to health – not only of children today, but also future generations.

In response to our advocacy the  Commission has made one or two  important changes – including a requirement that exports are labelled in an easily understood language, but the basic text is  still terrible,  contradicting WHO’s clear advice and mirroring  the position of the baby feeding industry. Among other things they allow advertising in baby care magazines for infant formula and unlimited advertising for any  formulas  after 6 months and  bad labelling on baby foods from 4 months with 30% sugar too! On the cards are 17 news promotional claims.

This is an opportunity to use Codex constructively and  get trade rules to work for health rather than profit.

Because of IBFAN’s work over many years, the Code and Global Strategy are embedded in many Codex  texts, including in the Codes of Ethics that calls on Member  States to:   “make sure that the international code of marketing of breast milk substitutes and relevant resolutions of the World Health Assembly (WHA) setting forth principles for the protection and promotion of breast-feeding be  observed.”  

Lets remind the EU of that fact and demand that they consider the global impact of their policies and bring thse proposals into line with the World Health Assembly Resolutions [2]

IBFAN CODEX BRIEFING 6.8.15  and why it matters

Notes

[1] The WTO secretariat does not scrutinize legislation, but does do periodic global reviews of each country’s trade policies. Specific regulations may also be examined in the case of a formal trade dispute brought by another member to the WTO’s dispute resolution system. There has been no dispute regarding the EU baby food regulations so far.

[2] Examples of where the International Code is mentioned in Codex texts:

THE CODE OF ETHICS FOR INTERNATIONAL TRADE IN FOOD INCLUDING CONCESSIONAL AND FOOD AID TRANSACTIONS CAC/RCP 20-1979 4.4 National authorities should be aware of their obligations under the International Health Regulations (2005) with regard to food safety events, including notification, reporting or verification of events to the World Health Organisation (WHO). They should also make sure that the international code of marketing of breast milk substitutes and relevant resolutions of the World Health Assembly (WHA) setting forth principles for the protection and promotion of breast-feeding be observed.

Codex Standard (72-1981 Revision 2007) on Infant formula and FSMPs: 1.4 The application of this section of the Standard should take into account the recommendations made in the International Code of Marketing of Breast-milk Substitutes (1981), the Global Strategy for Infant and Young Child Feeding and World Health Assembly resolution WHA54.2 (2001). 

CODEX STANDARD FOR PROCESSED CEREAL-BASED FOODS FOR INFANTS AND YOUNG CHILDREN

CODEX STAN 074-1981, REV. 1-2006: This standard covers processed cereal-based foods intended for feeding infants as a complementary food generally from the age of 6 months onwards, taking into account infants’individual nutritional requirements, and for feeding young children as part of a progressively diversified diet, in accordance with the Global Strategy for Infant and Young Child Feeding and World Health Assembly Resolution WHA54.2 (2001).

Codex Guidelines on Formulated foods: These Guidelines should be used in accordance with the Global Strategy for Infants and Young Child Feeding and World Health Assembly Resolution WHA54.2 (2001).

The latest version of the new laws are below.

COMMISSION DELEGATED REGULATION (EU) …/… of XXX supplementing Regulation (EU) No 609/2013 of the European Parliament and of the Council as regards the specific compositional and information requirements for infant formula and follow-on formula and as regards requirements on information relating to infant and young child feeding

Formulae

Formulae annexes

_______________

COMMISSION DELEGATED REGULATION (EU) …/…of XXX

supplementmg Regulation (EU) No 609/2013 of the European Parliament and of the Council as regards the specific compositional and information requirements for processed cereal-based food and baby food

Baby food

Baby food annexes

___________________

COMMISSION DELEGATED REGULATION (EU) …/… of XXX supplementing Regulation (EU) No 609/2013 of the European Parliament and of the Council as regards the specific compositional and information requirements for food for special medical purposes

 FSMP

FSMP annexes

 

The EU Proposals currently:

 

1      Allow advertising and promotional labelling of infant formulas and from birth and formulas for babies over 6 months.  Member States can ban infant formula advertising –  that is allowed in baby care magazines – as the UK,  Luxembourg and others have done.   But for Luxembourg – all the baby care magazines from France and Germany come over the border!  

2          Allow any products (formulas and baby foods) over 6 months to carry highly promotional health and nutrition claims. This contradicts the intent of the International Code and WHO recommendations.

3          Allow unlimited promotion and promotional labelling with health and nutrition claims for baby foods  from 4 months so contravening the global public health recommendation that complementary foods should not be introduced until 6 months of age.  This recommendation is embedded in the International Code and resolutions and the Global Strategy on Infant and young Child Feeding and the CODEX STANDARD FOR PROCESSED CEREAL-BASED FOODS FOR INFANTS AND YOUNG CHILDREN (CODEX STAN 074-1981, REV. 1-2006)  This standard   states: “ 8.6.4 The label shall indicate clearly from which age the product is recommended for use. This age shall not be less than six months for any product. In addition, the label shall include a statement indicating that the decision when precisely to begin complementary feeding, including any exception to six months of age, should be made in consultation with a health worker, based on the individual infant’s specific growth and development needs. Additional requirements in this respect may be made in accordance with the legislation of the country in which the product is sold.“

4   Contradict WHO’s recommendations on marketing. WHO is currently consulting on its Clarification and Guidance on Inappropriate Promotion of Foods for Infants and Young Children (STAG) .[1] WHO suggests that promotion is inappropriate if:

  1. it undermines recommended breastfeeding practices;
  2. it contributes to childhood obesity and noncommunicable diseases;
  3. the product does not make an appropriate contribution to infant and young child nutrition in the country;
  4. it undermines the use of suitable home-prepared and/or local foods;
  5. it is misleading, confusing, or could lead to inappropriate use

5          Allow baby foods to contain 30% added sugar   This  does not take into account the recent WHO recommendations on added sugars’ For infants and young children in particular, the added sugar  levels should be minimum.  High  levels of sugar contribute to childhood obesity and the development of dental caries and affect the  developing taste palates of children. 4 Growth retardation in young children is exacerbated by dental caries and sugar induced caries is a contributor to the prevalence of malnutrition

6          The proposals fail to recognise how they will increase  inappropriate cross border advertising and ecommerce

 

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