Professional Documents
Culture Documents
2 World Health Organization, Global Strategy for Infant and Young Child Feeding, 7 (2003).
3 World Health Organization, Promoting proper feeding for infants and young children, available at
http://www.who.int/nutrition/topics/infantfeeding/en/ (last accessed September 25, 2015).
The World Health Assembly adopted the International Code of Marketing of Breastmilk Substitutes in 1981 to protect and promote breastfeeding, through the provision of
adequate information on appropriate infant feeding and the regulation of the marketing of
breastmilk substitutes, bottles and teats. In subsequent years additional resolutions have
further defined and strengthened the Code.
The code stipulates that there should be absolutely no promotion of breastmilk substitutes,
bottles and teats to the general public; that neither health facilities nor health professionals
should have a role in promoting breastmilk substitutes; and that free samples should not be
provided to pregnant women, new mothers or families. All governments should adopt the
Code into national legislation. Since 1981, 84 countries have enacted legislation
implementing all or many of the provisions of the Code and subsequent relevant World
Health Assembly resolutions. In addition, 14 countries have draft laws awaiting adoption.
The latest update of the state of the code by country provides an overview of all countries.
UNICEF is working with legislators and lawyers to ensure the Code and maternity protection
laws are implemented in more countries. 5
On October 28, 1986, President Corazon Aquino issued Executive Order No. 51
otherwise known as the Milk Code. The Milk Code", is a law that ensures safe and
adequate nutrition for infants through the promotion of breastfeeding and the regulation of
promotion, distribution, selling, advertising, product public relations, and information
services artificial milk formulas and other covered products.6
The Milk Code is almost a verbatim reproduction of the ICMBS, but it is well to
emphasize at this point that the Code did not adopt the provision in the ICMBS absolutely
prohibiting advertising or other forms of promotion to the general public of products within
the scope of the ICMBS. Instead, the Milk Code expressly provides that advertising,
promotion, or other marketing materials may be allowed if such materials are duly authorized
and approved by the Inter-Agency Committee (IAC).7
5 United Nation Childrens Fund, International Code of Marketing of Breast-milk Substitutes, available at
http://www.unicef.org/nutrition/index_24805.html (last accessed September 25, 2015).
7 Pharmaceutical and Health Care Association of the Philippines vs. Duque III, 535 SCRA 265, 290 (2007).
On May 15, 2006, the Department of Health issued the Administrative Order (A.O.)
No. 2006-0012 entitled, Revised Implementing Rules and Regulation of Executive Order No.
51, otherwise known as the Milk Code, Relevant International Agreements, Penalizing
Violations Thereof, and for other Purposes (RIRR).