WHO Code of Marketing of Breast-Milk Substitutes

Sami Shubber

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• Publié par: Pinter & Martin Limited
• Date de parution: 01 janvier 0001
• Nombre de lectures: 0
• EAN13: 9781905177479
• Langue: English

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THE WHO INTERNATIONAL CODE OF MARKETING OF BREAST-MILK SUBSTITUTES
To the memory of Sir Robert Jennings, the inspiring leader in the drafting of The WHO International Code Of Marketing Of Breast-Milk Substitutes
THE WHO INTERNATIONAL CODE OF MARKETING OF BREAST-MILK SUBSTITUTES
HISTORY AND ANALYSIS

2nd edition
Sami Shubber
Lic. en Dr. (Baghdad) Post-graduate Dip. in Law (London), LL.M. (London) Ph.D. (Cantab), Barrister-at-law (Gray s Inn), Member of the Iraqi Bar, formerly Senior Legal Officer, (WHO)
The WHO International Code of Marketing of Breast-Milk Substitutes History and Analysis

First published by Kluwer Law International 1998 This second edition published by Pinter & Martin Ltd 2011

Copyright Sami Shubber 1998, 2011

All rights reserved

ISBN 978-1905177-46-2

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TABLE OF CONTENTS
FOREWORD
PREFACE
ABBREVIATIONS
LIST OF CASES
INTRODUCTION
PART I THE HISTORY OF THE INTERNATIONAL CODE
CHAPTER I: THE HISTORICAL DEVELOPMENT OF THE INTERNATIONAL CODE
INTRODUCTION
I. DEVELOPMENTS BETWEEN OCTOBER 1979-MAY 1980
1. The preparation of the International Code
(i) The First Draft of the International Code
(ii) Consultations on the First Draft
(iii) The Second Draft of the International Code
2. Action by the World Health Assembly in May 1980
II. SOME OBSERVATIONS ON THE PROCESS OF THE PREPARATION OF THE INTERNATIONAL CODE
III. DEVELOPMENTS BETWEEN MAY 1980-JANUARY 1981
1. The Establishment of a Steering Committee and Drafting Group
2. The Third Draft of the International Code
3. The Consultations of August and September 1980
4. The Fourth Draft of the International Code
5. The Legal Implications of an International Code as a Regulation and as a Recommendation
(a) Regulation
(b) Recommendation
CHAPTER II: THE FINAL PHASE OF THE PREPARATION OF THE INTERNATIONAL CODE (JANUARY-MAY 1981)
I. THE ACTION OF THE EXECUTIVE BOARD IN JANUARY 1981
II. SOME OBSERVATIONS ON THE PROCESS OF THE PREPARATION OF THE INTERNATIONAL CODE UNTIL JANUARY 1981
III. THE ADOPTION OF THE INTERNATIONAL CODE BY THE WORLD HEALTH ASSEMBLY IN MAY 1981
IV. SOME OBSERVATIONS ON THE ADOPTION OF THE INTERNATIONAL CODE BY THE WORLD HEALTH ASSEMBLY
PART II THE INTERNATIONAL CODE OF MARKETING OF BREAST-MILK SUBSTITUTES
CHAPTER III: THE AIM OF THE INTERNATIONAL CODE
1. The Protection and Promotion of Breast-feeding
2. The Proper Use of Breast-milk Substitutes when Necessary
3. Breast-feeding and HIV
4. Breast-feeding and Emergencies
5. Conclusion
CHAPTER IV: THE MATERIAL SCOPE OF THE INTERNATIONAL CODE
1. Marketing and Practices Related Thereto
(i) Breast-milk Substitutes
(ii) Milk Products, Foods and Beverages, including Bottle-fed Complementary Foods
(iii) Feeding Bottles and Teats
2. Quality of Products Covered by the International Code
3. Availability of Products Covered by the International Code
4. Information Concerning the Use of Products Covered by the International Code
CHAPTER V: DEFINITIONS OF THE INTERNATIONAL CODE
1. Definitions
1. Breast-milk Substitute
2. Complementary Food
3. Container
4. Distributor
5. Health Care System
6. Health Worker
7. Infant Formula
8. Label
9. Manufacturer
10. Marketing
11. Marketing Personnel
12. Samples
13. Supplies
2. Conclusion
CHAPTER VI: INFORMATION AND EDUCATION UNDER THE REGIME OF THE INTERNATIONAL CODE
1. Responsibility for the Provision of Information on Infant Feeding
2. Informational and Educational Materials and their Contents
3. Donations of Informational and Educational Equipment and Materials
CHAPTER VII: ADVERTISING AND PROMOTION OF PRODUCTS COVERED BY THE CODE
1. Ban on Advertising and Other Forms of Promotion to the General Public
2. Ban on the Giving of Samples
3. Ban on Advertising, Promotion and the Giving of Samples at the Retail Level
4. Ban on Gifts of Articles and Utensils
5. Ban on Contacts between Marketing Personnel and Pregnant Women and Mothers
CHAPTER VIII: THE POSITION OF THE HEALTH CARE SYSTEM UNDER THE INTERNATIONAL CODE
1. Measures to Encourage and Promote Breast-feeding
2. Information and Advice to Health Workers
3. Ban on Promotion in the Health Care System
4. Ban on Specific Aspects of Promotion in the Health Care System
5. Personnel Provided or Paid for by Manufacturers or Distributors
6. Demonstration of Feeding with Breast-milk Substitutes
7. Donations or Low-price Sales of Supplies of Products Covered by the International Code
(i) The Supplies Should be Made to Institutions or Organizations
(ii) Infants Who Have to be Fed on Breast-milk Substitutes
(iii) Distribution of Supplies for Outside Use by Institutions or Organizations
(iv) Supplies Should not be Used as Sales Inducement
8. Supplies and the Infant Food Industry
9. Donations of Equipment and Materials
CHAPTER IX: THE POSITION OF HEALTH WORKERS UNDER THE INTERNATIONAL CODE
1. Encouragement and Protection of Breast-feeding
2. Scientific and Factual Information Relating to Products Covered by the International Code
3. Financial or Material Inducements to Health Workers or their Families
4. Ban on Samples, Equipment and Utensils to Health Workers
5. Disclosure of Contributions to Fellowships, Study Tours, Research Grants and Conference Attendance
CHAPTER X: COMPANY EMPLOYEES
1. Sales Incentives
2. Educational Functions by Marketing Personnel
CHAPTER XI: LABELLING
1. Points to be Included in the Label
(a) Important Notice
(b) Superiority of Breast-feeding
(c) Use of Breast-milk Substitutes on the Health Worker s Advice
(d) Instructions for Appropriate Preparation of Breast-milk Substitutes and Warning of Health Hazards
2. The Use of the Term Infant Formula
3. Ban on Pictures or Texts in the Label
4. Food Products not Suitable as Breast-milk Substitutes
5. Composition, Storage, Batch Number and Expiry Date of Breast-milk Substitutes
CHAPTER XII: QUALITY OF FOOD PRODUCTS COVERED BY THE INTERNATIONAL CODE
Codex Standards and the Code of Hygienic Practice for Foods for Infants and Children
CHAPTER XIII: IMPLEMENTATION OF THE INTERNATIONAL CODE
1. Is Implementation of the International Code Compulsory?
2. The Extent of Implementation of the International Code
3. Partial Implementation of the International Code
4. Modes of Implementation of the International Code
(1) Legislation
(2) Regulations
(3) Other Suitable Measures
5. Voluntary Agreements
6. The Advantages of Proper Implementation of the International Code
7. The Disadvantages of Non-implementation
CHAPTER XIV: MONITORING OF THE INTERNATIONAL CODE
1. State Monitoring
2. Collective Monitoring
3. Self-monitoring by Industry
4. The Role of NGOs, Groups, Institutions and Individuals in Monitoring
CHAPTER XV: CONCLUSIONS
PART III APPENDICES
1. The International Code of Marketing of Breast-milk Substitutes
2. Relevant Resolutions of the World Health Assembly
BIBLIOGRAPHY
BOOKS
ARTICLES AND DOCUMENTS
INDEX
FOREWORD TO THE FIRST EDITION
It is a privilege to commend this study of an important international social problem. It will interest medical and social workers who are concerned to get a healthy balance between natural breast feeding of infants and the use of manufactured substitutes. It will also interest scholars of international law and relation because this story of a joint endeavour between the WHO and UNICEF is an instructive exemplar of what can be accomplished by hard work and skilled diplomacy.
The social and medical problem that this joint endeavour has been concerned with can be stated simply. It is well established that natural breast feeding is generally medically safer, psychologically superior and a good deal cheaper than the use of manufactured breast milk substitutes; though these substitutes also have their uses in certain exceptional cases where natural feeding is for one reason or another not expedient or not possible. In a developed and relatively well-off society there is probably much to be said for leaving this kind of choice to the individual to make, with the help of such advice as they choose to seek. A complication arises, however, in developing and poor countries when, for instance, commission-driven salesmen are tempted-and one can only hope not instructed-to offer free, or special offer samples of their product, well aware that, after this free or very cheap use for a time, the mother s own milk will dry up so that even in their poverty they become easy victims of the market .
It was to rescue these mothers and their babies that WHO and UNICEF entered upon this joint endeavour. The method was scientific investigation, consultation and co-operation with the manufacturers of formula milk substitute, to get an agreed code of conducts, publicity being the sanction.
The author of this present book, a WHO career international lawyer, has taken a full and dedicated part in this task from the beginning. He has been largely responsible for the actual drafting. He has, since the code was agreed and published, traveled very widely in developing countries, offering advice based on solid experience, helping with local law changes, and much else. This whole operation has been a splendid operation for good. And no-one is better qualified to write about it than Dr. Shubber.
The late Sir Robert Jennings 1
Footnote
1 Fo