Moving to mandatory controls for marketing of infant formula

On 6 February 2025, the Australian Competition and Consumer Commission (ACCC) announced its final decision to not reauthorise the Marketing in Australia of Infant Formulas: Manufacturers and Importers (MAIF) Agreement on their Public Register. The MAIF Agreement expired on 28 February 2025.

The Australian Government acknowledges the ACCC’s decision to not reauthorise the MAIF Agreement.  The Government remains committed to supporting the provision of safe and adequate nutrition for infants, by protecting and promoting breastfeeding and by ensuring the proper use of breast milk substitutes through appropriate marketing and distribution.   In October 2024, the Government announced its intention to replace the MAIF Agreement with stronger mandatory controls to protect the health of mothers and babies.

Work will now focus on the delivery of mandated controls on the marketing of infant formula in Australia. This is anticipated to take approximately 2 years. Consultation with experts, public health and industry, and other stakeholders will commence shortly.

https://www.competitiontribunal.gov.au/

 

The Australian Competition and Consumer Commission (the ACCC) has issued a determination in respect of the application for revocation and substitution lodged by the Infant Nutrition Council on 25 March 2024.

The Infant Nutrition Council sought authorisation to allow current and future manufacturers in, and importers into, Australia of infant formula to continue to make and give effect to the Marketing in Australia of Infant Formula: Manufacturers and Importers Agreement (MAIF Agreement) and its associated guidelines.

A copy of the ACCC’s determination is attached, including a summary of its reasons. For the reasons set out in its determination, the ACCC has decided to deny the application. The ACCC’s assessment is set out in Chapter 4 of its determination.

Application for review

Pursuant to section 101 of the Competition and Consumer Act 2010 (Cth), a person dissatisfied with this determination may apply to the Australian Competition Tribunal for its review. An application for review must be made within 21 days of the date of this determination; that is, on or before 27 February 2025.

An application for review of the ACCC’s determination should be lodged directly with the Australian Competition Tribunal. The Australian Competition Tribunal is a separate body from the ACCC and is located within the Federal Court of Australia.

For further information about the process involved in reviewing decisions in the Australian Competition Tribunal please refer to the tribunal’s website located at http://www.competitiontribunal.gov.au/.

This email has been placed on the ACCC’s public register. If you have any questions or wish to discuss any aspect of this matter, please do not hesitate to contact Lynette Lymbers on (02) 9230 9132 or exemptions@accc.gov.au.

Yours sincerely,

David Hatfield (he/him)
Director | Competition Exemptions |

Australian Competition & Consumer Commission
http://www.accc.gov.au
T:02 6243 1266