156th WHO Executive Board Meeting Feb 3-11th
UPDATE ON THE DIGITAL MARKETING RESOLUTION
Note: A silence procedure, tacit consent or tacit acceptance procedure “he who is silent is taken to agree”, “silence implies/means consent”) is a way of formally adopting texts, often, but not exclusively, in an international political context.
Important Lancet comment: American chaos: standing up for health and medicine
IBFAN’s website. IBFAN STATEMENTS
Documents LIVE WEBCAST Participants
Preliminary Daily Timetable Proposed resolutions
Executive Board Chair and Officers
Statements by Non State Actors (NSAs)
Agenda Item 24.2 Involvement of Non State Actors in WHO’s Governing Bodies.
YouTube video. Read by Patti Rundall, Monday 3rd Feb.
As a critical friend of WHO for 47 years, IBFAN was key to the adoption of the world’s first consumer protection tool – a Code of Marketing and 20 Resolutions that are in law – to some extent – in over 100 countries. Despite fierce opposition from industry, these policies have saved millions of children’s lives. IBFAN knows that the independence, integrity and trustworthiness of institutions such as WHO must be protected – to empower all governments to protect health in all fora – including in trade where IBFAN works to promote WHO policy. No single country can do what WHO is constitutionally mandated to do. The call to increase assessed contributions is excellent. Please don’t forget to screen NSA collaboration and funding for Conflicts of Interest.
Item 6. Universal Health coverage
Read by: Anna Koronkiewicz-Wiorek. Wednesday around 10am CET)
IBFAN strongly supports the right to access to free and adequate healthcare. However, to be effective, strong conflicts of interest safeguards are needed to prevent health harming industries hijacking the process. Prevention is critical and starts with optimal early years feeding: breastfeeding and the avoidance of ultra-processed products. Companies know exactly how to process raw ingredients to achieve sweetness while claiming products are healthy. They know that sweetness is addictive and sets up taste preferences in children. For the new Codex baby foods standard – products often high in free sugars, please send health delegates to Codex so that WHO recommendations are followed. Also that marketing legislation covers all products marketed for children, including plant-based formulas, bottles and teats
Other Agenda items IBFAN will address: infant feeding in emergencies and a Resolution, led by Brazil and Mexico, to support WHO’s Guidance on Regulatory Measures aimed at restricting digital marketing of breast-milk substitutes. The zero draft Resolution is supported by Armenia, Bangladesh, El Salvador, Panama, Peru, Sri-Lanka, Chile, Slovakia, Norway, Vanuatu and Lesotho. IBFAN will remind MSs that there is no need for governments to expend significant resources to enforce every violation. The other actors in the digital supply chain have control over monitoring the content on their platforms and in many countries already do so for other regulated marketing practices and products such as pharmaceutical, tobacco, alcohol as well as intellectual property infringements etc. The approach set out in the WHO Guidance is not new or practically difficult to implement, but it is ready for Member States to implement as soon as possible.
The Resolution will be discussed under Item 14. Global Strategy for Women’s, Children’s and Adolescents’ Health. If approved by the 156th Executive Board (3-11th February 2025) it will go forward to the 78th World Health Assembly (May 19- 27, 2025). (draft agenda)
IBFAN is also supporting a Resolution calling for an extension of the Nutrition targets. For previous Blogs Click HERE and HERE
Why a Resolution is needed and how it can be done/
Here is a summary of some important points raised by UNICEF during the webinar:
- The core of the prohibited marketing practices of the Code now exist in the digital space.
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Digital marketing has more actors across the supply chain (social media platforms, online advertisers, internet service providers etc – not just product producers and distributors.
- So governments must articulate specific implementation and enforcement mechanisms into their legislation, specifying legal duties of compliance to the appropriate actors.
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There is no need for governments to expend significant resources to enforce every violation. The other actors in the digital supply chain have control over monitoring the content on their platforms and in many countries already do so for other regulated marketing practices and products such as pharmaceutical, tobacco, alcohol as well as intellectual property infringements etc. The approach set out in the WHO Guidance is not new or practically difficult to implement, but is very important to implement as soon as possible.
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The 2024 Code Status Report found that when counties included monitoring and compliance mechanisms into their laws they had higher breastfeeding rates. When they did not, breastfeeding rates were similar to those that had no legal measures at all.
Digital marketing is fast becoming the predominant source of exposure to promotion of baby feeding products globally. In 2022, WHO’s report on digital marketing of breast-milk substitutes described its cross border extent and power. It is now totally out of control and parents and carers everywhere are targeted by paid ‘influencers’ and other deceptive schemes with information that undermines WHO and national health recommendations and disempowers parents.
The Guidance on regulatory measures aimed at restricting digital marketing of breastmilk substitutes published in November 2023, followed WHO’s usual strict procedures and a comprehensive review of evidence that was provided to the 75th WHA in 2022. 65 Member States and Civil Society Organisations responded to an open public consultation that took place in September 2023. ii
The Guidance aims to help Member States tackle a problem that was not envisaged when the International Code of Marketing of Breastmilk Substitutes was adopted in 1981, and the issue of Digital Marketing demonstrates the continuing need for biennial reporting to the WHA – the world’s highest health policy setting body. 20 WHA Resolutions and Decisions have been adopted since 1981 that have updated the Code in line with marketing and scientific developments.
Useful links
See the Recording of the IBFAN Policy debate that took place on Monday 20 January 2025, Garnering civil society and Member States support for a resolution on the regulation of digital marketing of baby feeding products. One of several debates organised by the Geneva Global Health Hub (G2H2) Page down for the agenda and more details.
Digital Marketing is out of control – Brazil calls for a Resolution to protect mothers and babies
Talking Points for Advocacy Discussions on Digital Marketing to Protect families from predatory marketing online Global Breastfeeding Collective This very brief document provides essential facts and powerful key messages to aid your discussions. Designed for brevity and clarity, this document can be downloaded, printed, shared with others, and carried with you so you’re prepared when you have the opportunity to discuss this critical issue.
This GBC Advocacy Brief outlines 10 key guidance recommendations from WHO, designed to support Member States in:
- Applying the Code’s provisions effectively in digital environments
- Strengthening monitoring and enforcement, including addressing cross-border marketing challenges
- Applying regulatory measures to restrict digital marketing of products that fall within the scope of the Code, as well as to foods for infants and young children that are not breastmilk substitutes
It also features a four-point Call to Action on digital marketing of breastmilk substitutes, providing actionable steps for government leaders, policy makers, and parliaments.
Member States Meetings
Members of the Executive Board Chair and Officers of the Board
WHO/UNICEF/IBFAN Code status report 2024
FIND YOUR NATIONAL LAW on IBFAN’s Website
WHO Basic Documents 49th Edition. Constitution of WHO
Monday 20 January 2025, IBFAN webinar – Garnering civil society and Member States support for a resolution on the regulation of digital marketing of baby feeding products.
AGENDA
Alessandra Tisi – G2H2 welcome and housekeeping (3 minutes)
Patti Rundall and Dr Marina Rea (IBFAN): Introduction and why new Resolutions are necessary to address the evolution of marketing over time.(5 – 10 mins)
Laurence Grummer-Strawn, (5-10mins) WHO Department of Nutrition and Food Safety, Will speak about WHO’sGuidance on regulatory measures aimed at restricting digital marketing of breastmilk substitutes
Monitoring: (20 minutes) Constance Ching, Alive & Thrive and Katie Pereira-Kotze (UK Baby Feeding Law Group) Overview of the digital monitoring platforms being established with national governments in partnership with UNICEF (Vietnam, Argentina, Mexico, Laos, and Mongolia), and overview of the national violations.
Kathy Shats UNICEF legal specialist (5-10 min) How UNICEF is helping governments establish effective monitoring and enforcement mechanisms as reflected in the guidance.
Member States Panel – three countries that are co-sponsoring the draft Resolution
Sonia Venancio, Coordinator of Child and Adolescent Health Care, Ministry of Health, Brazil.
Gry Hay, Special Advisor, Department of Child and Adolescent Health, Norwegian Directorate of Health
Examples of Digital marketing
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some analyses publicly available:https://code.corporateaccountabilitytool.org/analysis
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peer reviewed publications that have used the VIVID data:
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Backholer K, Nguyen L, Vu D, Ching C, Baker P, Mathisen R. Violations of Vietnamese laws related to the online marketing of breastmilk substitutes: Detections using a virtual violations detector. Matern Child Nutr. 2025 Jan;21(1):e13680.
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VIVID Findings Brief: Australia. September 2023: https://www.corporateaccountabilitytool.org/vividreport / https://www.corporateaccountabilitytool.org/_files/ugd/cca97c_9bd9891fda9f410d82c183bd6d0665da.pdf
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Save the Children. 2024. Digital Marketing of Breastmilk Substitutes: How social media and influencer marketing undermine informed choice.https://resourcecentre.savethechildren.net/document/digital-marketing-of-breastmilk-substitutes-how-social-media-and-influencer-marketing-undermine-informed-choice/
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Global Breastfeeding Collective. Talking Points for Advocacy Discussions on Digital Marketing https://www.globalbreastfeedingcollective.org/reports/talking-points-advocacy-discussions-digital-marketing
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The IBFAN Brasil webpage http://www.ibfan.org.br/site/
Estimada Patti, sigo con interes el desarrollo de esta reunion preparatoria para la Asamblea mundial. He estado en contacto con la representante de Panama en esta reunion la Dra Reina Roa, DIRECTORA GENERAL DE SALUD del MINISTERIO DE SALUD DE PANAMA, la que esta enterada de la importancia de continuar el apoyo a una Resolucion sobre Marketing digital. Desde IBFAN PANAMA, seguimos en la defensa activa de la Lactancia materna
Many Thanks Dr Ramirez -I do not always see these responses so do remember to write to me by email if you have important advice. Panama made excellent comments in the EB. If you have the email of Dra Reina Roa, DIRECTORA GENERAL DE SALUD del MINISTERIO DE SALUD DE PANAMA it would be useful.