Milk Code: Its salient points

Paul John A. Vesagas SIGNED into law on October 20, 1986, the then President Corazon C. Aquino
created Executive Order 51, which is more commonly called the Milk Code, setting the Philippine Code
of Marketing Breast milk substitutes. It must be noted that at the time of its enactment, the President of
the Philippines held executive and legislative powers. Thus, EO 51 is commensurate to a Republic Act.
The first of its kind in Asia, the Philippine Milk Code was conceived five years after the WHO
International Code of Breastmilk Substitutes by the World Health Assembly to combat aggressive
marketing of breastmilk substitutes that could possibly be lethal to the culture of breastfeeding.

The rationales of the Milk Code were to impose restrictions on advertising breastmilk substitute and
encourage breastfeeding. What is the scope of the milk code? “The milk code intends to intensify the
dissemination of information on breastfeeding and proper nutrition while regulating the advertising,
marketing, and promotion of breastmilk substitutes and other products, including feeding bottles and
teats”, states Dr. Enrique Tayag of the National Epidemiology Center of DOH.

[Likewise], “it bans the use of the healthcare system in the use of its products”, he adds.

[Lastly], “it bans donations, samples or distribution of other promotional giveaways by milk companies
to the health workers and others in the healthcare system”. What are the products covered by the milk
code?

1. Breastmilk substitutes (formula milk)

2. Milk products, foods and beverages and bottle-fed substitutes as marketed for partial or full
replacement of breastfeeding

3. Feeding bottles and teats Are the products covered by the milk code limited for any particular age-
group?

“The products covered are not limited to a specific age bracket. The Supreme Court had its ruling on
this on October of 2007,”explains Tayag. The coverage of the Milk Code does not depend on the age of
the child but on the type of product being marketed to the public. Who should comply the milk code?
Atty. Christine P. Macaranas- de Guzman, Attorney- III of the Food and Drug Administration of the
Philippines maintains that “as a Law, the Milk Code is expected to be imposed on the general public,
health workers (public and private practitioners), manufacturers and distributors of covered product.”

What are the responsibilities of the health workers in the milk code?

1. Promote breastfeeding by complying with the Milk Code.

2. Health workers should not accept information from producers of milk products that undermines the
breastfeeding practices and gives credence to the equal value of bottle or formula feeding.
3. Health workers are forbidden under the Revised Implementing Rules and Regulations (RIRR) to offer
or give samples of products covered in the code to pregnant women, mothers of infant including their
families.

4. Health workers are prohibited from giving of utensils and paraphernalia used in the preparation of
such products [artificial or formula feeding].

Can representatives of milk companies engage in the conduct of breastfeeding classes or mother’s class?
No, they cannot.

Section 2 of the Implementing Rules and Regulations of the Milk Code States that manufacturers,
distributors and representatives of products covered by the code are forbidden to do any of the
following:

1. Conduct or involvement in any activity on breastfeeding promotion, education and production of IEC
materials on breastfeeding.

2. Holding or participating as speakers in mother’s classes or seminars for women and children

3. The use of these women to market brands or company names.

In fact, “Section 18 of the RIRR of the Milk Code states that manufacturers and distributors of products
within the scope of the code are prohibited from offering material or financial inducement to health
workers to promote products within the scope of the code and health workers are prohibited from
accepting these material and financial inducements,” Tayag explains. Lastly, the Milk Code provides that
no facility of healthcare system shall be used for the purpose of promoting products covered by the
code.

What is the policy on donations?

“Section 6 (f) of the Milk code provides that “Nothing provided in the Milk Code should prevent
manufacturers and distributors of products within the scope of the Code from donating covered
products upon request by and with the approval of the Department of Health,” said Macaranas-de
Guzman.

“But note that Section 51 of the RIRR absolutely prohibits donations of products covered within the
scope of the Code, for other donations by Milk Companies, Section 52 provides that products not falling
within the scope of the Code, equipment and the like whether in cash or in kind maybe given by the milk
companies provided such donation is coursed through the Inter-Agency Committee.”

What are possible penalties for violators of milk code?

The law imposes criminal and administrative penalties for violators of the code. “A regular court can
impose a penalty of imprisonment ranging from two months to one year and/or fine ranging from
P1,000 to P30,000,” explains Macaranas-de Guzman. “The administrative penalties include suspension,
revocation or cancellation of any license permit or authorization issued by any government agency to
any manufacturer/distributor, health worker, marketing firm or their personnel.”

The month of August is also known as the National Breastfeeding Month in the Philippines.

Source:

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