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Summary of the International Code of Marketing of Breast-milk Substitutes and all relevant subsequent WHA Resolutions

Aim

To contribute to the provision of safe and adequate nutrition for infants by the protection and promotion of breastfeeding and the proper use of breastmilk substitutes, when these are necessary, on the basis of adequate information and through appropriate marketing and distribution.

Scope

Breastmilk substitutes* 1 or any food being marketed or otherwise represented as a partial or total replacement for breastmilk, including: 

  • Infant formula 

  • Follow-up formula (also referred to as follow-on formula or Stage 2 milk)* 

  • Growing-up milk (also referred to as toddler milk or Stage 3 milk)* 

  • Any other milk marketed for children 0 < 36 months* 

  • Any other food or liquid (such as cereal, jarred food, infant tea, juice and mineral water) that is represented as suitable to be fed to infants less than six months of age.* 

  • Feeding bottles and teats.

Promotion

No advertising or promotion of above products to the public. No nutrition or health claims on products.* ^ 2

Samples

No free samples to mothers, their families or health care workers.

Health care facility

No promotion of products, i.e. no product displays, posters, calendars or distribution of promotional materials. No mothercraft nurses or similar corporation- paid personnel.

Health care workers

No gifts or samples to health care workers. Financial support and incentives should not create conflicts of interest. ^ 3

Supplies

No free or low-cost supplies of breastmilk substitutes to any part of the health care system. ^ 4

Information

Information and education materials must explain the benefits of breastfeeding, the health hazards associated with bottle-feeding and the costs of using infant formula. Product information must be factual and scientific. Governments to avoid conflicts of interest so materials under infant and young child programs should not be sponsored by manufacturers and distributors.^ 5

Labels

Product labels must clearly state the superiority of breastfeeding, the need for the advice of a health care worker and a warning about health hazards. No pictures of infants, other pictures, or text idealizing the use of infant formula. Labels must contain the warning that powdered infant formula may contain pathogenic microorganisms and must be prepared and used appropriately.^ 5 Labels on complementary foods should not cross-promote breastmilk substitutes, should not promote bottle-feeding, and should state the importance of continued breastfeeding.^ 6

Quality

Unsuitable products, such as sweetened condensed milk, should not be promoted for babies. All products should be of a high quality (Codex Alimentarius Standards) and take account of the climatic and storage conditions of the country where they are used.

*Clarified and extended by the WHO Guidance on ending the inappropriate promotion of foods for infants and young children Guidance in WHA Resolution 69.9 [2016].

^ Code provisions have been clarified and extended by subsequent World Health Assembly Resolutions.
1 WHA49.15 [1996], WHA54.2 [2001] & WHA63.23 [2010]

2 WHA58.32 [2005] & WHA63.23 [2010]

3 WHA49.15 [1996] & WHA58.32 [2005]

4 WHA47.5 [1994] v. WHA58.32 [2005]

5 WHA58.32 [2005]

6 WHA69.9

Relevant World Health Assembly Resolutions 1981-2022

Resolution WHA 41.11

Key points

Requests the Director General to provide legal and technical assistance to Member States in drafting the Code into national measures.

1988

Innocenti Declaration on protection, promotion and support of breastfeeding

Key points

Highlights the importance of protection, promotion and support of breastfeeding. Calls for obstacles to breastfeeding within the health system, the workplace and the community be eliminated. National authorities are urged to integrate their breastfeeding policies into their overall health and development policies, with support from international organisations in implementing, monitoring, and evaluating. The Declaration was endorsed by the UNICEF Executive Board and by Resolution WHA45.34.

1990

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Technical documents

Code and Relevant WHA Resolutions

International Code of Marketing of Breast-Milk Substitutes | 1981

 

WHA34.22 - International Code of Marketing of Breast-milk Substitutes | 1981

 

WHA35.26 - International Code of Marketing of Breast-milk Substitutes | 1982

 

WHA37.30 - Infant and young child nutrition | 1984

 

WHA39.28 - Infant and young child feeding | 1986

 

WHA41.11 - Infant and young child nutrition | 1988

 

WHA43.3 - Protecting promoting and supporting breast-feeding | 1990

 

WHA45.34 - Infant and young child nutrition and status of implementation of the International Code of Marketing of Breast-milk Substitutes | 1992

 

WHA47.5 - Infant and young child nutrition | 1994

 

WHA49.15 - Infant and young child nutrition | 1996

 

WHA54.2 - Infant and young child nutrition | 2001

 

WHA55.25 - Infant and young child nutrition | 2002

 

WHA58.32 - Infant and young child nutrition | 2005

 

WHA59.11 – Infant and young child nutrition and HIV | 2006

 

WHA59.21 - Infant and young child nutrition | 2006

 

WHA61.20 - Infant and young child nutrition: biennial progress report | 2008

 

WHA63.23 - Infant and young child nutrition | 2010

 

WHA65/6 - Comprehensive implementation plan on maternal, infant and young child nutrition | 2012

 

A67/DIV3 - Decision and list of resolutions: WHA67(9) Maternal, infant and young child nutrition | 2014 

 

A69/7 Add. 1 - Maternal, infant and young child nutrition - Report by the Secretariat
Guidance on ending the inappropriate promotion of foods for infants and young children Provisional agenda item 12.1
| 2016

 

WHA69.7 - Ending inappropriate promotion of foods for infants and young children
Agenda item 12.1
| 2016

 

WHA71.9 - Infant nutrition and breastfeeding Agenda item 12.6 | 2018

 

WHA73.26 - Maternal, infant and young child nutrition Agenda item 15.2 | 2020

 

WHA75.21 - Maternal, infant and young child nutrition Agenda item 18.1 | 2022

Other technical documents

Other resources

How AI technology is helping to fight Code violators in Viet Nam

Brief, Video

Law Matters – Assessment of Country-level Code Implementation and Sales of Breastmilk Substitutes in South Asia

Journal Article

Virtual Violations Detector Finding Brief: Australia

Brief

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