WHO/UNICEF/IBFAN 2020 Report on the legal status of the International Code of Marketing of Breast-milk Substitutes released today

27 May, 2020

Today, WHO, UNICEF, and IBFAN published the 2020 Report on the legal status of the International Code of Marketing of Breast-milk Substitutes.

The report, "Marketing of breast-milk substitutes: National implementation of the International Code - Status report 2020", provides updated information on the status of country implementation, including which measures have and have not been enacted into law. The report reveals that despite efforts to stop the harmful promotion of breast-milk substitutes, countries are still falling short in protecting parents from misleading information. Of the 194 countries analysed in the report, 136 have in place some form of legal measure related to the International Code of Marketing of Breast-milk Substitutes and subsequent resolutions adopted by the World Health Assembly (the Code).

Given the important role of health workers in protecting pregnant women, mothers and their infants from inappropriate promotion of breast-milk substitutes, the 2020 report provides an extensive analysis of legal measures taken to prohibit promotion of breast-milk substitutes to health workers and in health facilities.

Attention to the Code is growing, as 44 countries have strengthened their regulations on marketing over the past two years. However, the legal restrictions in most counties do not fully cover marketing that occurs in health facilities. Only 79 countries prohibit the promotion of breast-milk substitutes in health facilities , and only 51 have provisions that prohibit the distribution of free or low-cost supplies within the health care system. Only 19 countries have prohibited the sponsorship of scientific and health professional association meetings by manufacturers of breast-milk substitutes, which include infant formula, follow-up formula, and growing up milks marketed for use by infants and children up to 36-months old.

"The aggressive marketing of breast-milk substitutes, especially through health professionals that parents trust for nutrition and health advice, is a major barrier to improving newborn and child health worldwide," says Dr Francesco Branca, Director of WHO's Department of Nutrition and Food Safety. "Health care systems must act to boost parent's confidence in breastfeeding without industry influence so that children don't miss out on its lifesaving benefits."

Almost 40 years after its adoption, the Code remains as important as ever, if not more so. The COVID-19 pandemic highlights the need for stronger legislation to protect families from false claims about the safety of breast-milk substitutes or aggressive marketing practices. Breastmilk saves children's lives as it provides antibodies that give babies a healthy boost and protect them against many childhood illnesses. Health care services aimed at supporting mothers to breastfeed, including counselling and skilled lactation support are strained as a result of the COVID-19 crisis. Infection prevention measures, such as physical distancing make it difficult for community counselling and mother-to-mother support services to continue, leaving an opening for the breast-milk substitute industry to capitalize on the crisis, and diminish confidence in breastfeeding.

WHO and UNICEF encourage women to continue to breastfeed during the COVID-19 pandemic, even if they have confirmed or suspected COVID-19. While researchers continue to test breastmilk from mothers with confirmed or suspected COVID-19, current evidence indicate that it is unlikely that COVID-19 would be transmitted through breastfeeding or by giving breastmilk that has been expressed by a mother who is confirmed or suspected to have COVID-19. The numerous benefits of breastfeeding substantially outweigh the potential risks of illness associated with the virus. It is not safer to give infant formula milk. WHO and UNICEF call on governments to urgently strengthen legislation on the Code during the COVID-19 pandemic. Governments and civil society organizations should also not seek or accept donations of breast-milk substitutes in emergency situations.

"As the COVID-19 pandemic progresses, health workers are being diverted to the response and health systems are overstretched. At such time, breastfeeding can protect the lives of millions of children, but new mothers cannot do it without the support of health providers," said Dr. Victor Aguayo, UNICEF's Chief of Nutrition. "We must, more than ever, step up efforts to ensure that every mother and family receive the guidance and support they need from a trained health care worker to breastfeed their children, right from birth, everywhere."

"The fear of COVID-19 transmission is eclipsing the importance of breastfeeding - and in too many countries mothers and babies are being separated at birth - making breastfeeding and skin to skin contact difficult if not impossible. All on the basis of no evidence. Meanwhile the baby food industry is exploiting fears of infection, promoting and distributing free formula and misleading advice - claiming that the donations are humanitarian and that they are trustworthy partners," says Patti Rundall, of IBFAN's Global Council.

See the links below for the relevant documents and information.

The Code report and summary can be accessed at: https://www.who.int/publications-detail/9789240006010

The FAQ on the roles and responsibilities of health workers under the Code is available at: https://www.who.int/publications-detail/9789240005990

The announcement of the launch event for Thursday May 28 is at: https://www.who.int/news-room/events/detail/2020/05/28/default-calendar/...

The press release is at: https://www.who.int/news-room/detail/27-05-2020-countries-failing-to-sto...

Best,

Marcus Stahlhofer

Marcus M. Stahlhofer

Technical Officer, Human Rights

Epidemiology, Monitoring and Evaluation UHL

Department of Maternal, Newborn, Child and Adolescent Health and Ageing (MCA)

World Health Organization, 1211 Geneva 27, Switzerland

Tel: + 41 22 791 2909 - Fax: + 41 22 791 4853

Email: stahlhoferm@who.int<mailto:stahlhoferm@who.int>

http://www.who.int/maternal_child_adolescent/en/

CHIFA profile: Marcus M Stahlhofer is Adviser, Child and Adolescent Rights, Dept. of Child and Adolescent Health and Development, World Health Organization, Geneva. www.who.int/childadolescenthealth/en stahlhoferm AT who.int