APOLOGIES – THIS PAGE IS NOT UP TO DATE

FOR INFORMATION ABOUT HOW EU LEGISLATION APPLIES IN ENGLAND SEE UK GOVERNMENT GUIDANCE NOTES  that have been developed by the Department for Health and Social Care (DHSC) and specifically refer to England, the principles are similar throughout GB(Scotland and Wales). For  global monitoring reports CLICK HERE

 

Monitoring UK Legislation 

CLICK HERE for help with monitoring the UK law, including  links to  Trading Standards, OFCOM and the ASA

The UK left the European Union (EU) in January 2020 and entered a time-limited transition period until 31 December 2020. Now the transition period has ended, regulation becomes an autonomous matter for both Great Britain (GB) and EU as 2 separate legal and regulatory systems. The Protocol on Ireland/Northern Ireland (NIP) means that EU legislation relating to nutrition, as detailed in Annex 2 of the NIP, continues to be directly applicable in Northern Ireland (NI).

From 1 January 2021, EU Regulations and tertiary legislation relating to nutrition were retained under the powers contained within the European Union (Withdrawal) Act 2018 as UK law. Retained EU Regulations and tertiary legislation were subsequently amended by the Nutrition (Amendment etc.) (EU Exit) Regulations 2019 and the Nutrition (Amendment etc.) (EU Exit) Regulations 2020.

How marketing of feeding products for infants and young children in the UK breaks the rules

Baby Milk Action does not have the capacity to product regular  monitoring reports – but this Look What They are Doing Report from 2017 shows the weaknesses of UK law and why we are working with the Baby Feeding Law Group and First Steps Nutrition Trust to close the many loopholes that allow harmful  and misleading marketing to continue.

 

 

Trading Standards

Look for Trading Standards at your local council. You can also report online:

Complaint form quick link (England).

Complaint form quick link (Northern Ireland).

If your complaint is about practices in a retail outlet such as a supermarket or pharmacy or on the website of a retailer or occurred in a health facility you can complain direct to your local Trading Standards Office. Click here to find your local Trading Standards Office.

You may need to refer specifically to the Infant Formula and Follow-on Formula Regulations (2007), as not all offices are immediately familiar with this. See The the page on the laws that apply.

The Advertising Standards Authority (ASA)

Broadcast (radio and television) and internet advertising comes under the voluntary Advertising Code. Complaints about advertisements can be made to the industry-funded Advertising Standards Authority at http://www.asa.org.uk/

Unfortunately it is the ASA’s policy to disregard most type of violations reported to it as it applies tests based on its own narrow interpretation of the UK law. However, please do try and let us know what response you receive.

Ofcom (product placement rules)

Ofcom (the independent regulator and competition authority for the UK communication industries) has introduced rules regarding product placement in television programmes. Products that cannot be placed in programmes include: “infant formula (baby milk), including follow-on formula”. However, Ofcom does point out that some products may appear in programmes because they have been chosen by the producers as props. Companies can be fined for breaking the rules.

The text of the rules is available via Ofcom’s explanatory page click here.

To make a complaint to Ofcom – click here

 

Click here for a report by First Steps Nutrition Trust on Danone

Introduction – Contents:

  • Feeding products marketed for infants and young children
  • Independent information for families
  • The marketing rules that apply
  • Key provisions of the International Code and Resolutions compared with UK Regulations
  • Profiles of baby feeding companies (overview)

Formula companies

  • Aptamil and Cow & Gate brands (Danone) –
    • Promotion to the public – Notable marketing claims: When babies are happy on the inside, they’re happy on the outside
    • Promotion to health workers (coming soon).
  • Kendamil brand (Kendal Nutricare) – Company response: It will change labels, end sponsorship and no longer target toddler groups – full statement.
  • Mamia brand (Aldi) – Notable marketing claims: Unique blend – suitable for combination and bottle-fed babies.

Feeding bottle and teat companies

  • Chicco – Notable marketing claims: The natural way – as mother’s breast
  • Medela – Notable marketing claims: Designed to ease the transition from breast to bottle and back again
  • Minbie – Notable marketing claims: Introduce it as early as day 1 – Nurtures a proper breastfeeding latch. Company response: Company defends marketing strategy as supporting breastfeeding – full statement.
  • NUK – Notable marketing claims: Natural – Optimal combination of breast and bottle feeding UPDATE: NUK to drop false “clinically proven” claim plus Managing Director responds to monitoring report – Advertising Standards Authority and company responses.

Retailers

  • Aldi – Also markets its own-brand Mamia infant formula.
  • Boots – Notable promotions: New, New, New. Baby Event. 2 for £15.
  • Morrisons – Notable practices: Combiotic formula for 5p and “Before you go” offers
  • Mothercare – Notable marketing claims: Effectively combine breast & bottle feeding

Follow us on Facebook and Twitter for news of when the next profiles are posted, or check back tomorrow.

Many thanks to everyone who has sent us information on promotions they have seen. A representative selection of these are included in our report.

Please continue reporting examples to Baby Milk Action and the authorities.

Please join Baby Milk Action or send us a donation to help us print the full report and campaign for better enforcement and regulation.

Please support the campaign in Parliament to protect all families from misleading marketing.