Formula Standards Challenged

January 15, 2008 by Heidi Green | no questions or comments

There’s a storm brewing on the other side of the Atlantic. At the center: New regulations for breastmilk substitutes, particularly those related to its labeling and advertising. The United Kingdom’s Food Standards Agency (FSA) has established a set of standards to “mak[e] sure the nutritional value of any formula satisfies the nutritional requirements of the infant.” The new standards also bring the industry’s labeling and advertising in line with European codes. In short, the regulations:

  • Allow only a small number of health and nutrition claims on formula packaging (i.e., lactose only, lactose free, added long chain polyunsaturated fatty acids (LCP), reduced risk of allergy to milk proteins and nutrition linked to nucleotides, taurine and oligosaccharides).
  • Allow follow-on formula to be advertised as appropriate for children older than six (not four) months.
  • Disallow direct targeting of formula to new parents.
  • Require ads to show pictures of children older than six months and to avoid images related to pregnancy or comparing formula to breastmilk.

Such rules don’t sound too difficult to comply with. So, what’s the controversy? The Infant and Dietetic Foods Association (IDFA), which represents the major infant formula companies, has called for a judicial review of the new regulations. (It is worth noting that Nestlé, although represented by the IDFA, is not contesting the new rules.)

If you’ve been following the development of these rules over the past several years you might be surprised by the IDFA’s objection. The FSA was. As Gill Fine, the FSA’s director of consumer choice and dietary health explains, “We are extremely surprised that companies to whom we have been talking about these regulations for almost three years should decide at the last minute to apply for a judicial review.”

The IDFA claims that there “has not been enough consultation” and “the changes have been implemented incorrectly.” Even if the regulations are enacted, the IDFA doesn’t want that to happen until the start of 2010.

Should we be surprised? What industry has ever been pleased by pressure to adopt new standards? The formula industry, with an estimated £597 million U.K. market, has a lot to lose if the regulations do result in more breastfeeding by mothers who are exposed to less advertising—and advertising that is, perhaps, more precise and less sensational when they do see it. It’s no surprise that the IDFA argues there is no need for such restrictions .

Right now, we don’t know how long it will be before the new regulations are put in place. (Presuming a judicial review upholds the FSA’s work.) We know only that the court has ordered that the case should be heard before the end of February. Stay tuned for updates!


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