NCT Watch

The last few months have been a pivotal time for the NCT’s campaign for a ban on formula milk advertising. Early in the year we met with success when the UK Government implemented new European legislation on infant and follow-on formula by introducing regulations which set out stricter controls on the promotion, labelling and composition of infant and follow-on formula.  The regulations banned advertisements, which made direct comparisons between formula milk and breast-milk and those which blurred the distinction between infant formula and follow on formula.

 The regulations came into force in January 2008 but were immediately suspended in England, Wales and Northern Ireland following an application by the Infant and Dietetic Foods Association (IDFA) for a judicial review.  IDFA challenged the date by which formula manufacturers needed to comply with new labelling requirements.   The case was heard in England and Wales on 28^th and 29^th February and the judge found in favour of IDFA. The regulations had called for manufacturers to comply with the labelling requirements by January 2008.  However, the Judge decided that a legal technicality in the European Directive meant that the manufacturers should not be legally bound to change their labels until 31^st December 2009.   The suspension has now been lifted in England and Wales and the existing 2007 regulations are now in force but the stricter controls on labelling will now not be introduced until 31 December 2009.  Advertising which makes direct comparisons between the product and breastmilk are prohibited with immediate effect and the rules on advertising, that are included to ensure there is no confusion between infant and follow on formula, stand.  A judicial review was also called for in Scotland, but the judge refused to suspend the regulations while the case was being heard. The Scottish case was heard in mid February and a judgement is pending.  The case in Northern Ireland was adjourned until the completion of the case in England and Wales.