22 November 2018
NZ infant formula Code of Practice changed to extend marketing restriction
The Infant Nutrition Council’s Code of Practice for the Marketing of Infant Formula in New Zealand has been amended to
take account of the Commerce Commission’s decision to extend the restriction on marketing to children up to 12 months of
age.
The Commission’s decision was released on 8 November, and followed an application by the Infant Nutrition Council (INC)
to extend the restriction on advertising and marketing that applied to products for children up to 6 months.
The INC believed that though the restrictions would be likely to lessen competition between infant formula makers, the
improved health outcomes that would flow from it would outweigh the detriments arising from that lessening of
competition. The Commission agreed.
As well as a restriction on advertising, the decision included a restriction on free samples to pregnant women, mothers
of infants and the families and caregivers of infants.
In granting authorisation for the amended Code, the Commission revoked the 2015 Authorisation that covered the previous
form of the Code. The INC Board has now amended the Code accordingly.
It has changed the definition of infant formula in the Code from “A product represented as a breast-milk substitute for
infants and which satisfies the nutritional requirements of infants aged from birth up to four to six months (Food
Standards Australia New Zealand – Infant Formula Standard 2.9.1)”, to “Any food described or sold as an alternative for
human milk for the feeding of infants up to the age of twelve months and formulated in accordance with all relevant
clauses of the Australia New Zealand Food Standards Code, including Infant Formula Products Standard 2.9.1.”
INC Chief Executive Jan Carey says they had worked for some time on extending the restriction on advertising and
marketing, and the amendment of the Code brings that work to an end.
“The Commission’s determination underlined exactly what the industry was trying to do – put the health of babies and
mothers first.
“The Commission found that the public benefits of the arrangement outweighed the likely detriments from the reduction in
competition, and we agree.
“Our stance is supported by many public health bodies, aligns with guidance from the World Health Assembly, and is
consistent with the Ministry of Health's nutrition guidelines for infants.
“The industry proactively took this step because it’s the right thing to do to support the public health goals that
protect and promote breastfeeding. Breast milk is the best nutrition for an infant, but where that is not always
possible, infant formula is the only suitable substitute.”
ends