The Infant Nutrition Council failed to secure approval for its proposed industry code which would restrict advertising and promotion of infant formula.
The Australian Competition and Consumer Commission (ACCC) denied the authorisation for the continued implementation of the Marketing in Australia of Infant Formula: Manufacturers and Importers Agreement (MAIF Agreement) for another five years.
“While the link between breastfeeding and improved health outcomes for mothers and children is undisputed, we are concerned there are several factors that undermine the effectiveness of the MAIF Agreement in protecting breastfeeding rates,” said Mick Keogh, ACCC acting chair.
“We are not satisfied that the MAIF Agreement and associated guidelines are likely to result in a net public benefit to justify authorisation and consider that they are likely to result in some public detriment through reduced competition between infant formula manufacturers and importers, compared to the future without the conduct.”
Initially established in 1992, the MAIF Agreement formed part of Australia’s response to obligations as a signatory to the World Health Organisation’s International Code of Marketing Breast Milk Substitutes.
The code, which seeks to restrict the advertising and promotion of formula for infant formula, requires ACCC authorisation to implement.
An earlier Department of Health and Aged Care-commissioned independent review showed that the agreement no longer fits its purpose and suggested that the code be replaced with a stronger regulatory framework in the form of a legislated, prescribed, mandatory code.
