FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 2469 
) 
) 
) 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Section 15, Article II of the Constitution provides that "the State shall 
protect and promote the right to health of the people and instill heath 
consciousness among them." Moreover, Section12, Article 13 states that "the 
State shall establish and maintain an effective food and drug regulatory system 
and undertake appropriate manpower development and research, responsive to 
the country's health needs and problems." Thus, it is the policy of the State to 
promote breastfeeding as the best possible source of food and nutrition for 
infants and young children. 
In consonance with these provisions, this bill seeks to regulate the 
marketing of foods for infants and young children as well as promote appropriate 
feeding practices and reduce the possible consequences of inappropriate feeding 
practices. 
The Department of Health (DOH) shall be tasked to undertake 
measures, including the design, development and dissemination of information 
and education materials which will help promote, protect, support and monitor 
appropriate infant and young child feeding (IYCF) practices. 
This measure is a consolidated/substituted bill drafted by the Committees 
on Youth, Women and Family Relations and Trade and Commerce during the 
14th Congress. 
, 
In view of the foregoing, approval of this bill is earnestly sought. 
N 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 2 <169 
) 
) 
) 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
TO PROTECT, PROMOTE AND SUPPORT PROPER INFANT AND YOUNG 
CHILD FEEDING BY REGULATING THE MARKETING OF CERTAIN FOODS 
FOR INFANTS AND YOUNG CHILDREN 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
CHAPTER I 
GENERAL PROVISIONS 
Section 1. Title. - This Act shall be known as the "Infant and Young 
Child Feeding Act of 2010". 
SEC. 2 Objectives. - This Act shall have the following objectives: 
(a) To promote, protect and support breastfeeding as the optimal and 
unparalleled means of providing safe and adequate nutrition for infants 
and young children up to two (2) years of age and even beyond. Child 
malnutrition in the first two(2) years of life are irreversible and affect an 
individual's intelligence, mental and emotional stability and physical 
health; 
(b) To promote, protect and support exclusive breastfeeding, as defined 
herein, as the means of nourishment for the first six (6) months of life; 
(c) To promote and support proper and timely complementary feeding, 
which includes the giving of low-cost yet nutritionally-adequate 
indigenous food; 
(d) To preserve and protect the integrity of the Philippine Healthcare 
System by regulating the marketing, promotional and sales practices 
andlor strategies of manufacturers, distributors and marketing 
personnel; 
(e) To properly inform the general public, especially pregnant women, 
nursing mothers and members of their families, of the hazards of the 
use and misuse of breastmilk substitutes, including infant formula and 
other products marketed as infant or baby food, by making readily 
available adequate, consistent, objective and updated information. 
(f) To promote a mother and baby-friendly environment in every 
healthcare institution, facility, healthcare organization and association, 
office, school and public place, conducive to the advancement of the 
breastfeeding culture; 
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(g) To ensure compliance with pertinent provisions of binding international 
commitments and covenants entered upon by the Philippines, 
including specifically, the 2002 Global Strategy for Infant and Young 
Child Feeding, the International Code on the Marketing of Breastmilk 
Substitutes and Related Products, and subsequent Resolutions of the 
World Health Assembly which the Philippine supports; 
(h) To widely promote and protect breastfeeding as a simple yet cost-
effective means of alleviating poverty and decreasing dependence on 
imports; and 
(i) To encourage the general public to form breastfeeding groups or 
associations to develop suitable programs and further the growth and 
empowerment of the country's women and children under an 
international ethical standard. 
SEC. 3. - Statement of Policy. - It is the policy of the State to promote 
breastfeeding as the best possible source of food and nutrition for infants and 
young children, in consonance with its duty to protect the people's right to health 
under the Constitution and international law. 
The State shall regulate the marketing of foods for infants and young 
children, as well as feeding bottles, teats and pacifiers, as unrestrained 
marketing practices for these products undermine the ability of Filipino mothers 
to breastfeed their children thereby compromising each child's rights to safe and 
adequate nutrition and the highest attainable standard of health as provided for in 
the United Nation's Convention on the Rights of the Child. 
In its pursuit of sustainable economic development and the reduction of 
poverty, the State shall ensure optimal child growth and development for all 
Filipino children through the promotion of appropriate feeding practices and 
educating the public on inappropriate feeding practices and their consequences 
as recommended by international authorities on public health. 
SEC. 4. Aid to Construction. -
All doubts in the implementation and 
interpretation of the provisions of this Act shall resolved in favor of and for the 
promotion and protection of breastfeeding and appropriate infant and young child 
feeding practices against the marketing of infant formula, follow-on formula and 
other products marketed or otherwise represented as suitable for feeding infants 
and young children. 
SEC. 5. Definition of Terms. -
For purposes of this Act, the following 
definition of terms shall govern: 
(a) Advertise refers to the making of any representation by any means 
whatsoever for the primary purpose of promoting the sale or 
distribution of a designated product as herein defined, regardless 
of whether the same is done via written, audio, visual or electronic 
media or transmission including, but not limited to, the following: 
(1) Postal mail, electronic mail, SMS or text messaging, telephone 
calls and website advertising; 
(2) Television, radio, film, video, facsimile, Cinematic, theatrical and 
other audio-visual presentations, rallies or assemblies, whether 
as direct advertisements or subliminally as part of the 
presentation or program; 
(3) Signages, billboard displays and notices; 
(4) Exhibits featuring pictures, images or actual models; 
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(5) Promotional activities and events and other gatherings under 
the guise of educational lectures, seminars and similar 
activities; and 
(6) Newspaper and magazine articles and features, flyers, texts in 
educational books and teaching materials. 
(b) Complementary food refers to any food or product, whether 
manufactured or locally prepared, suitable as a complement to 
breastmilk, when breastmilk becomes, for any reason, insufficient 
to satisfy the nutritional requirements of an infant or young child. 
The use of complementary food as an appropriate component of 
infant and/or young child nutrition is referred to as "Complementary 
Feeding." 
(c) Department refers to the Department of Health. 
(d) DepED refers to the Department of Education. 
(e) Designated product refers to: 
(1) Infant formula; 
(2) Any other product marketed or otherwise represented as 
suitable for feeding infants up to the age of six (6) months; 
(3) Follow-up formula; 
(4) Complementary food; 
(5) Feeding bottles, teats, pacifiers; and 
(6) Such other products as the Department, by proper publication, 
declares to be a "De'signated product" for purposes of this Act. 
(f)Distributor refers to a person, corporation, or any other entity in the 
public or private sector engaged in the business, directly or indirectly, 
of distributing and/or delivering, at the wholesale or retail level, a 
Designated product. This shall include any corporation or other entity 
principally engaged in providing marketing services, insofar s it shall 
act on behalf or in the interest of such distributor. 
(g) DSWD refers to the Department of Social Welfare and 
Development. 
(h) Exclusive breastfeeding refers to the nourishment of infants and 
young children by means of breastmilk, without adding, diluting, or 
supplementing the same with water, teas, herbal preparations or 
other food or liquids. 
. 
(i) FDA refers to the Food and Drug Administration (FDA) created 
pursuant to Republic Act No. 9711, formerly known as the Bureau of 
Food and Drugs (BFAD). 
U) Follow-up formula or follow-up milk refers to a milk or milk-like 
product of animal or vegetable origin formulated industrially in 
accordance with applicable Codex Alimentarius Standard for Follow-
up Formula and marketed or otherwise represented as suitable for 
feeding infants and young children older than six (6) months of age. 
It is also known by other descriptive terms such as, but not limited to, 
"follow-on formula," "growing-up milk", school-age milk", "milk 
supplements," etc. 
(k) Gifts refer to any form of financial, personal or commercial reward, 
inducement, incentive, including intangible favors provided directly or 
indirectly by manufacturers, distributors, marketing personnel and 
heir agents or representatives. 
(I) Government refers to the national government and all local 
government units of the same. 
(m) Healthcare facility refers to governmental, nongovernmental or 
private 
institutions, 
organizations, 
hospitals, 
clinics 
or 
other 
operational venues engaged directly or indirectly in providing 
health care services, including but not limited to those intended to 
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provide care for pregnant women, mothers, infants and young 
children as well as nurseries or child care institutions. 
(n) Healthcare system refers to the aggregation, within the 
Philippines, of all healthcare facilities, healthcare workers, groups of 
health care professionals in private practice as well as governmental 
agencies, 
instrumentalities and 
entities whose functions and 
responsibilities impact on healthcare. For purposes of this Act, the 
healthcare system shall include pharmacies and other established 
sales outlets selling or otherwise dealing in Designated products. 
(0) Healthcare worker refers to a person working whether formally or 
informally, on a full-time or part-time capacity, within a healthcare 
facility, whether professional or non-professional, including volunteer 
workers. 
(p) Infant refers to a person twelve (12) months old or younger. 
(q) Infant formula refers to a milk or milk-like product of animal or 
vegetable origin formulated industrially in accordance with applicable 
Codex Alimentarius Standard for Infant Formula and intended to 
satisfy, by itself, the nutritional requirements of infants from birth 
andlor during the first six (6) months and includes products that 
continue to meet part of an infant's nutritional requirements after the 
first six (6) months. 
(r) Inter-Agency Committee (lAC) refers to the Committee set up 
under Section 28 of this Act. 
(s) IYCF refers to infant and young child feeding principles and 
practices, as described under the Global Strategy for Infant and 
Young Child Feeding jointly developed, recommended and endorsed 
by the World Health Organization (WHO) and the United Nations 
Children's Fund (UNICEF) to improve, through optimal feeding, the 
nutritional status, growth and development, health and survival of 
infants and young children. 
(t) Label refers to any tag, brand, mark, pictorial or other descriptive 
matter, including enclosed literature, written, printed, stenciled, 
marked, embossed or impressed on, or attached to a container of 
any Designated product. 
(u) Lactation support refers to the general care directed towards 
mother and 
infant during the mother's 
prenatal, 
immediate 
postpartum and postnatal periods. 
It includes educating and 
providing information to pregnant women and nursing mothers on the 
advantages of breastfeeding, the physiology, commencement and 
maintenance of lactation, proper care of the breasts and nipples, and 
such other matters that would contribute to successful breastfeeding, 
emphasizing thereby the hazards of bottle-feeding. 
(v) Manufacturer refers to a corporation or other entity, whether in the 
public or private sector, engaged in the business or function (whether 
directly or through an agent or an entity controlled by or under 
contract with it) of manufacturing or prodUCing a Designated product. 
This shall include any corporation or other entity principally engaged 
in providing marketing services, insofar as it shall act as an agent, or 
otherwise on behalf or in the interest, of such manufacturer. 
(w) Logo refers to an emblem, picture or symbol by means of which a 
company or a product is identified. 
(x) Marketing refers to the aggregation of all activities and efforts to 
present a product to the general public, comprised of elements of 
promotions, distribution and sales, advertising, public relations, 
information services, internet promotion and communication and all 
forms of information dissemination including, but not necessarily 
limited to, post mail, electronic mail, SMS or text messaging, 
5 


communicating via telephone or facsimile or advertising via website, 
television, 
motion 
picture, 
theatrical 
performances, 
videos, 
newspapers, magazines, flyers, stage and radio programs, whether 
live or taped. Any activity deemed a component of marketing herein 
shall, for purposes of this Act, be deemed as marketing. 
(y) Marketing personnel refers to any person whose functions 
involve, directly or indirectly the marketing of any designated product. 
(z) Milk complement refers to infant formula, follow-on milk or other 
foods given in addition to breastmilk from six (6) months onwards; 
"Milk Supplement" refers to the same when intended to replace 
breastmilk. 
(aa) Mother's milk refers to breastmilk from the newborn's own 
mother. 
(bb) Non-human milk refers to breastfeeding substitutes such as 
infant formula, artificial milk, and any milk other than that sourced 
from humans, industrially formulated in accordance with applicable 
Codex Alimentarius standards. It also covers milk prepared at home 
in which case it is described as "Home-prepared." 
(cc) Nursing mothers refer to mothers of infants and/ or young 
children, regardless of whether they actually breastfed such infants 
and! or young children. 
' 
(dd) Other milk refers to a milk or milk-like product other than infant 
formula or follow-on formula that mayor may not be marketed or 
represented as suitable for feeding infants and young children. 
(ee) Prescribed or as prescribed refers to prescribed or as prescribed 
by rules or written decision made pursuant to this Act. 
(ff) Promotion refers to the employment of any method of directly or 
indirectly encouraging a person to purchase or use a designated 
product. 
(gg) Rooming- in refers to the practice of placing and maintaining the 
newborn infant beside his/her mother immediately after delivery up to 
discharge from the healthcare facility, so as to facilitate mother-infant 
bonding and to allow prompt initiation of breastfeeding. 
For such 
purpose, the infant must share his/her mother's bed. 
(hh) Sample refers to single units or small quantities of a product 
provided for free or without cost as promotional, marketing or sales 
strategy. 
(ii) Secretary refers to the Secretary of the Department of Health. 
Oil 
Sponsorship refers to the provision of funds, equipment, 
materials, awards or benefits in whatever form, as a form of support 
for games, sports, activities, charities, dances, cultural events, 
lectures, conventions, meetings, programs and the like, offered and 
given by corporations and other entities and their representatives for 
the purpose, whether or not such is disclosed or manifestly intended, 
or otherwise having the effect of promoting, directly or indirectly, 
specified products. 
(kk) WHA refers to the World Health Assembly. 
(II) WHO refers to the World Health Organization. 
(mm) Young child refers to a person from the age of more than 
twelve (12) months up to the age of three (3) years. 
CHAPTER II 
RIGHTS OF BREASTFEEDING WOMEN 
SEC. 6. Breastfeeding Not Indecent Exposure. - No provision of law or 
ordinance on indecent exposure shall apply to breastfeeding of an infant. A 
mother may breastfeed her baby in any location, public or private, where the 
6 


mother is otherwise authorized to be, even if not done discreetly, irrespective of 
whether the nipple of the mother's breast is uncovered during or incidental to the 
breastfeeding. 
CHAPTER III 
INFORMATION AND EDUCATION 
SEC. 7. Responsibility. - The government, through the Department, shall 
take measures, including the design, development and dissemination of 
information and education materials, to promote, protect, support and monitor 
appropriate infant and young child feeding (IYCF) practices, in line with 
UNICEFIWHO international recommendations. 
It shall be its duty to provide 
updated, objective and consistent information on IYCF principles and practices to 
women, families, the general public and those involved in the fields of infant 
nutrition and maternal health. It shall educate the public about the consequences 
and risks that not following such practices may create for infants, young children 
and mothers as well. 
It shall also ensure that information materials produced by all government 
agencies and private entities and persons are not inconsistent with the provisions 
of this chapter. 
SEC. 8. Standards. - Informational or educational materials produced by 
any person, whether written, audio or visual, which refer to infant and young child 
feeding shall: 
(a) 
Contain only correct and current information and shall not 
use any picture or text that encourage bottle feeding or 
discourage breastfeeding; 
(b) 
Be written in English and Filipino; 
(c) 
Not give an impression or create a belief that a designated 
product is equivalent 'to, comparable with or superior to 
breastmilk or to breastfeeding; 
(d) 
Not contain the name or logo of any designated product 
not of any manufacturer or distributor product; and clearly 
and conspicuously explain each of the following points: 
(1) The benefits and superiority of breastfeeding; 
(2) The value of exclusive breastfeeding for about six (6) months 
followed by sustained breastfeeding for two (2) years or beyond; 
(3) How to 
initiate 
and 
maintain 
exclusive 
and 
sustained 
breastfeeding; 
(4) Why is it difficult to reverse a decision not to breastfeed; 
(5) The importance of introducing complementary foods from the 
age of about six (6) months; 
(6) How and why any introduction of bottle feeding or early 
introduction 
of 
complementary 
foods 
negatively 
affects 
breastfeeding; 
(7) That complementary foods should only be introduced when the 
infant reaches six (6) months of age and can easily 
be 
prepared at home using local ingredients; and 
(8) That infant formula is not a sterile product and may contain 
harmful microorganisms, 
SEC. 9. Information and Education Materials About Infant Formula, 
Follow-up Formula or Feeding Bottles. 
~ If the material referred to in Section 
8 includes the topic of feeding infants and young children with infant formula, 
7 


follow up formula or any other food or drink by feeding bottle, it must also include 
the follpwing points: 
(a) 
Instructions for the proper preparation and use of the 
product including cleaning and sterilization of feeding 
utensils, and in the case of powdered infant formula and 
follow-up formula, such instructions should adhere to 
guidelines formulated by the WHO and the Food and 
Agriculture Organization of the United Nations; 
(b) 
How to feed infants with a cup; 
(c) 
The health hazards of bottle feeding and improper 
preparation of the product; 
, (d) 
The approximate financial cost of feeding an infant with 
such a product in the recommended quantities and; 
(e) 
Infant formula is not a sterile product and may contain 
harmful organisms, 
SEC. 10, Product Information for Health Workers, - Manufacturers and 
distributors may give materials about Designated products to health workers if 
such materials: 
(a) 
Are restricted to scientific and factual matters regarding 
the technical aspects and methods of use of the product; 
(b) 
Provide references to published studies to support any 
representation that states or suggests that a relationship 
exists between the product or constituent thereof and 
health, growth or development; and; 
(c) 
Are otherwise in accordance with this chapter. 
SEC. 11. Submission of Materials to the lAC. -
Any person who 
produces or distributes any materials referred to in this Chapter shall submit 
copies and seek the approval of the Inter-Agency Committee created under 
Section 28 of this Act according to procedures as shall be prescribed, 
CHAPTER IV 
TRANSPARENCY IN RESEARCH 
SEC. 12. Transparency and Public Disclosure in Cases of Conflict of 
Interest. - The government, through the Department, shall ensure that research 
conducted for public policy purposes, relating to infant and young child feeding 
should, at all times, be free from any commercial influence or bias; accordingly, 
the health worker or researcher involved in such must disclose any actual or 
potential conflict of interest with the company/person funding the research to the 
Department, or to a responsible committee that it may organize for purposes of 
this chapter. In any event, such research and its findings shall be subjected to 
independent peer review', 
For purposes of transparency, a disclosure and/or disclaimer of the 
sponsoring company should be done by the company itself, health worker or 
researcher involved through verbal declaration during the public presentation of 
the research and in print upon publication, according to procedures as shall be 
prescribed, 
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CHAPTER V 
PROHIBITIONS 
SEC. 13. Advertising, Promotion, Marketing, Sales and Sponsorship. 
-No person shall distribute for sale, sell, stock or exhibit for sale any Designated 
prod uct that; 
(1) Is not registered according to rules and regulations of the FDA or is 
not in accordance with the conditions of its registrations; or 
(2) Has reached its expiration date, or 
(3) Has a container or label which is not in accordance with the 
requirements contained in this chapter. 
(a) No advertising, promotional or marketing materials, sponsorships 
and/or similar activities for Designated products intended for infants 
and young children up to two (2) years of age shall be allowed. This 
includes any of the same which while not referring directly to 
designated products, tend to convey subliminal messages or 
impressions that undermine and compete with breastmilk and 
breastfeeding, and/or exaggerate the benefits and value of Designated 
products. 
(b) No advertising, promotional or marketing materials, sponsorships 
and/or activities for milk products primarily intended for pregnant 
women and nursing mothers shall be allowed. This prohibition seeks 
to avoid, among others, the common misconception that breastmilk 
causes allergies in infants and/or young children in cases where such 
allergies are in fact actually caused by the presence of large protein 
molecules from non-human milk ingested by the breastfeeding mother. 
(c) No allowable promotion, advertising and marketing of Designated 
products shall in any case undermine or have the effect of 
undermining breastmilk or breastfeeding as the optimal source of 
infant and young child nutrition. The total effect of any such promotion 
should not directly or indirectly suggest that use of the product so 
promoted would develop better individuals, translates to or is a 
manifestation of greater love for the infant or young child, or 
significantly enhances such infant or young child's health and nutrition, 
intelligence or other abilities, or many any other similar claims. 
(d) The following shall, in no event, be included in any advertising, 
promotional, sponsorship and/or marketing campaign, literature or 
materials: 
(1) Texts, pictures, illustrations, illustrations or other images, or 
information which discourage or tend to undermine the benefits or 
superiority of breastfeeding; 
(2) Any message, text or image, whether direct or subtle, which 
suggests or tends to suggest that non-human milk is required by 
breastfeeding mothers to produce mother's milk; 
(3) Pictures or images of babies, children, mothers (pregnant or 
otherwise), fathers, siblings, grandparents, other relatives or 
caregivers (such as yayas), when such advertisement pertains to 
Designated products; and 
(4) The terms "humanized", "materialized," "close to" or "equal to" in 
conjunction with or with reference to mother's milk, or similar 
words or phrases, to describe breastmilk substitutes such as non-
human milk. 
(f) No publication or announcement of health, nutritional or developmental 
claims or findings pertaining, whether directly or incidentally, to 
Designated products shall be allowed except in scientific journals 
through scientifically proven studies embodied in peer-reviewed papers 
or professional publications. All health and nutrition claims of whatever 
9 


tenor for Designated products shall be absolutely prohibited in any 
allowable advertisement or promotional or marketing activity. For this 
purpose, any phrase, word or image that connotes or contributes to the 
notion of increased or more rapid development. of emotional, 
intellectual, physical and other abilities of the infant and young child, 
and other like impressions, shall be disallowed. 
Further, false, 
inaccurate, incomplete or misleading information or claims made by or 
on behalf of manufacturers, distributors and marketing personnel are 
prohibited and will be subjected to the severest penalty. 
(g) All point-of-sale advertiSing and any other promotional or marketing 
device intended or tending to induce sales and directed towards 
consumers at the retail level, such as special displays, discount 
coupons, premiums, rebates, special sales, bonus, tie-in sales, loss 
leaders, raffles, games and contests, prizes or gifts, pertaining directly 
or indirectly to Designated products intended for zero (0) to twenty-four 
(24) months shall be prohibited. However, nothing herein shall restrict 
efforts to establish and maintain pricing policies and practices intended 
to make available Designated products at lower prices on a long term 
basis. 
(h) Importation of any Designated product that has been recalled or 
withdrawn 
from 
any 
market 
outside 
the 
Philippines 
due 
to 
contamination or for any' reason whatsoever, shall be deemed as 
illegal importation of a prohibited and/or dangerous drug and the 
distributor, relevant marketing personnel and importer of the same 
shall be dealt with accordingly. 
(i) No milk product shall carry on its label and/or advertising, the words 
"This is not a breastmilk substitute" or words to that effect, to remove it 
from the purview of this Act; only the lAC, not the manufacturer or 
advertising agency, is authorized to determine whether or not such 
product is within the purview of this Act 
SEC. 14. Prohibitions on Marketing Personnel, Manufacturers and 
Distributors. -
(a) 
Marketing personnel or any person employed by 
manufacturers and distributors shall not, as part of their job responsibilities or in 
any professional capacity, perform educational or other public service functions 
or duties in relation to pregnant women or nursing mothers or women of 
reproductive age ryvRA) or their families. 
(b) Marketing personnel and all persons employed by manufacturers and 
distributors shall, at all times, and regardless of their designated functions and 
duties, make only objective, accurate, consistent and updated statements about 
the pertinent Designated product, maintaining and upholding at all times and in 
any event the superiority of mother's milk over any Designated product including, 
but not limited to, the brand and product which he/she has been employed to sell 
or promote or market when such marketing and promotion is allowed under this 
Act 
(c) It shall be prohibited for manufacturers, distributors and marketing 
personnel to distribute, sell, give or deliver or promise to do the same, directly or 
indirectly, in any manner and at any place, samples and/or units of Designated 
products or gifts, giveaways, or promotional items of any sort, to any pregnant 
woman, nursing mother, WRA, members of their respective families, healthcare 
workers and healthcare facilities. 
(d) Manufacturers, distributors and marketing personnel are prohibited 
from offering, giving, or promising to do the same, in any form Whatsoever, travel 
grants or benefits, subsidies and/or allowances to doctors, healthcare workers 
and other professionals or employees in healthcare facilities. 
However, 
10 


subsidiaries or affiliates of such manufacturers and distributors whose business 
and operations are in no way connected to Designated products are not 
prevented from doing so, so long as the brand or company name used does not 
in any way suggest any connection to the Designated product, and; Provided, 
That the same is not being offered or given in order to indirectly promote or 
market any Designated product. 
(e) No manufacturer, distributor or marketing personnel, nor medical 
doctors or other professionals hired by any of them shall be allowed to appear, 
participate, conduct or be in any manner involved in any activity or event 
promoting or supporting breastfeeding or in the production, publication and/or 
dissemination of literature and other materials on breastfeeding, or in classes or 
seminars for pregnant women, nursing mothers or WRA and members of their 
families. 
(f) A manufacturer or distributor who wishes to contribute to breastfeeding 
education, awareness and support shall do so through donating funds directly to 
the Department, the Department's receipt of which shall in any event be on the 
condition that such donation shall be without any onerous, promotional or 
marketing implications relating to the use of the company name or other mark 
identifying a product or range of products in fhe utilization of the donated funds. 
(g) Manufacturers, distributors and marketing personnel are prohibited 
from employing, requesting the participation of, and using in any manner, 
healthcare workers, health care facilities and the healthcare system in the 
production, dissemination, distribution and promotion of Designated products. 
(h) 
Manufacturers, distributors and marketing personnel shall be 
prohibited from offering, delivering or otherwise giving gifts of any kind, 
regardless of whether the same bear the company name, slogan, logo, or 
product or brand name, to any member of the general public, hospitals and other 
healthcare facilities, including their personnel and members of their families. The 
practice of invoicing product sales, carrying them as accounts receivable, and 
thereafter taking them off the books as bad debts, shall be deemed as a means 
employed to circumvent this provision and is absolutely prohibited. 
(i) No manufacturer, distributor or marketing personnel shall be allowed to 
conduct or be involved in any activity or event promoting breastfeeding. in the 
production and distribution of information and educational materials on 
breastfeeding. or the holding of or participating as speakers in classes or 
seminars for women and children's activities, for the purpose of avoiding the use 
of these venues to market their products, brands or company names. 
0) Manufacturers, distributors and marketing personnel are prohibited from 
offering, donating, giving, delivering, or promising to do the same, directly or 
indirectly, samples and supplies of designated products intended for infants and 
young children zero (0) to twenty-four (24) months of age, to any organization or 
group of individuals involved in the distribution of goods in disaster, calamity or 
emergency areas, as this may result in the use of unclean or contaminated water 
in its use and preparation, and considering further its potential misuse and 
abuse, and the potential resulting addiction thereto by mothers, infants and 
young children, all of which undermine breastfeeding and the other purposes of 
this Act. 
(k) In any event, no allowable advertiSing, promotion, marketing, 
sponsorship and/or similar activities for complementary food shall: 
(1) Take place in a healthcare facility; and 
11 


(2) Undermine breastfeeding in any way. 
(I) Manufacturer or distributor shall not himself or herself, or by any other 
person on his or her behalf, unless approved by the Department: 
(I) Donate or provide at lower than the published wholesale price where 
one exists, and in its absence, lower than eighty percent (80%) of the retail price, 
any quantity of a Designated product to a health worker or a healthcare facility; 
(2) Donate to or distribute within a healthcare facility equipment 
including furniture and appliances, services, or materials such as pens, 
calendars, posters, notepads, growth charts and toys, which refer to or may 
promote the use of a Designated product; 
(3) Offer or give any gift, contribution or benefit to a health worker or to 
associations of health workers including, but not limited to, fellowships, research 
grants or funding for meetings, seminars, continuing education courses or 
conferences; 
(4) Sponsor events, contests, telephone counseling lines or campaigns 
related to reproductive health, maternal and child health, infant or young child 
feeding or related topics; or 
(5) Include the volume of sales of Designated products when 
calculating employee remuneration or bonuses, nor set quotas for sales of 
Designated products. 
SEC. 15. Prohibitions on Healthcare Workers. - A healthcare worker 
shall not: 
(a) Accept any gift, contribution or benefit, financial or otherwise, of 
whatever value from a manufacturer or distributor or any person on his or her 
behalf; 
(tI) Accept or give samples of Designated products to any person; and 
(c) Demonstrate the use of infant formula except to individual mothers or 
members of their families in very special cases of need, and in such cases, shall 
give a clear explanation of the risks of the use of infant formula as well as 
information on appropriate IYCF practices. 
SEC. 16. Prohibitions Related to Labels of Designated Products. -
(a) A manufacturer or distributor shall not offer for sale or sell a 
Designated product if the container or label affixed thereto includes a 
photograph, drawing or other graphic representation other than for illustrating 
methods of preparation. 
(b) A manufacturer or distributor shall not offer for sale or sell a 
Designated product, other than a feeding bottle, teat or pacifier unless the 
container or label affixed thereto indicates in a clear, conspicuous and easily 
readable manner, in English and Filipino, the following particulars: 
(1) Instructions for appropriate preparation and use in words and in 
easily understood graphics; 
(2) The age after which the product is recommended in numeric 
figures and in the case of a complementary food, the recommended age shall not 
be less than six (6) months; 
(3) A warning about the health risks of improper preparation and of 
introducing the product prior to the recommended age; 
(4) The ingredients used; 
(5) The composition and nutritional analysis; 
(6) The required storage conditions both before and after opening, 
taking into account climatic conditions; 
(7) The batch number, date of manufacture and date before which the 
product is to be consumed, taking into account climatic and storage conditions; 
(8) The name and national address of the manufacturer or distributor; 
and (9) Such other particulars as may be prescribed. 
12 


(c) All health and nutritional claims for any Designated product are 
absolutely prohibited in any advertisement, promotion, marketing, sales and 
sponsorship. A manufacturer or distributor shall not offer for sale or sell a 
Designated product if the container or label affixed thereto contains any 
represen~ation that states or suggests that a relationship exists between the 
product or constituent thereof and health, including the physiological role of a 
nutrient· in the physical, emotional, or intellectual growth and development or 
normal functions of the body. 
SEC. 17. Prohibitions Related to Labels of Infant Formula and Follow-
Up Formula/Non-Human Milk, Milk Complement or Milk Supplement. - No 
manufacturer, distributor or marketing personnel shall offer for sale nor sell any 
infant formula and follow-up formula/non-human milk, milk complement or milk 
supplement unless the container or its label conforms to all of the following: 
(a) Contains the words "IMPORTANT NOTICE" in capital letters and 
indicated thereunder, the statement "Breastfeeding is best. Breastmilk is the ideal 
food for the healthy growth and development of infants and young children. It 
protects against diarrhea and other illnesses" in characters no less than one-
third (1/3) the size of the characters in the product name, and in no case less 
than two millimeters (2mm) in height, in English and Filipino; 
(b) Contains the word "WARNING" and indicated thereunder, the 
statement "This product may be harmful to your baby's health. Before deciding to 
supplement or replace breastfeeding with this product, seek the advice of a 
health professional. It is important for your baby's health that you follow all 
preparation instructions carefully. If you use a feeding bottle, your baby may 
refuse to feed from the breast. It is more hygienic to feed from a cup" in 
characters no less than one-third (1/3) the size of the characters in the product 
name, and in no case less than two millimeters (2mm) in height, in English and 
Filipino; 
(c) States in preparation instructions for infant or follow-up formula in 
powdered form that it is not a sterile product and may be contaminated with 
microorganisms during the manufacturing process or may become contaminated 
during preparation; 
(d) Includes a feeding chart in the preparation instructions; 
(e) Does not use the terms "matemalized", "humanized" or terms similar 
thereto or any comparison with breastmilk; 
(f) Does not use text that may tend to discourage breastfeeding; 
(g) Specifies the source of the protein; and 
(h) In the case of follow-up formula, states that the product shall not be 
used for infants less than six (6) months old. 
SEC. 
18. Prohibitions Related to Complementary Food -
A 
manufacturer or distributor shall not offer for sale or sell complementary food 
unless the container or label affixed thereto, in addition to the requirements of 
Section 17 contains the word "WARNING" and indicated thereunder, the 
statement "Before deciding to supplement breastfeeding with this product, seek 
the advice of a health professional. It is important for your baby's health that you 
follow all preparation instructions carefully" in characters no less than one-third 
(1/3) the size of the characters in the product name, and in no case less than two 
millimeters (2mm) in height, in English and Filipino. 
SEC. 19. Prohibitions Related to Labels of Other Milks. -
A 
manufacturer or distributor shall not offer for sale or sell any milk, that is not 
defmed as a Designated product, in powder or liquid form, unless the container 
or label affixed thereto contains the words "NOTICE: This product should not be 
used to feed infants and young children" in characters no less than one-third 
13 


(1/3) the size of the characters in the product name, and in no case less than two 
millimeters (2mm) in height, in both English and Filipino. 
SEC. 20. Prohibitions Related to Labels of Feeding Bottles and Teats. 
- A manufacturer or distributor shall not offer for sale or sell a feeding bottle or 
teat unless the package or label affixed thereto, in addition to the requirements of 
Section 11, indicates in a clear, conspicuous and easily readable manner, in 
English and Filipino, the following particulars: 
(a) The words "IMPORTANT NOTICE" in capital letters and indicated 
thereunder, the statement "Breastfeeding is best. Breastmilk is the ideal food for 
the healthy growth and development of infants and young children, It protects 
against diarrhea and other illnesses" in characters no less than one-third (1/3) 
the size of the characters in the product name, and in no case less than two 
millimeters (2mm) in height; 
(b) The statement "WARNING: It is important for your baby's health that 
you follOW the cleaning and sterilization instructions very carefully. If you use a 
feeding bottle, your baby may no longer want to feed from the breast" in 
characters no less than one-third (1/3) the size of the characters in the product 
name, and in no case less than two millimeters (2mm) in height; 
(c) Instructions for cleaning and sterilization in words and graphics; 
(d) A statement explaining that feeding with a cup is more hygienic than 
bottle feeding; 
(e) A warning that children should not be left to self-feed for long periods 
of time because extended contact with sweetened liquids, including infant 
formula, may cause severe tooth decay; and 
(f) The name and national address of the manufacturer or the distributor. 
SEC. 21. Prohibitions Related to Labels of Pacifiers. - A manufacturer 
or distributor shall not offer for sale or sell a pacifier unless, in addition to the 
requirements of Section 16(a), it is labeled with the statement "WARNING: Use 
of a pacifier can interfere with breastfeeding;' in characters no less than one-third 
(1/3) the size of the characters in the product name, and in no case less than one 
and a half millimeters (1.Smm) in height, in English and Filipino. 
CHAPTER VI 
QUALITY AND STANDARDS 
SEC. 22. Quality. - The quality of products is an essential element for the 
protection of the health of infants and young children and therefore shall be of 
highly recognized standard. 
SEC. 23. Standards. - Food products covered by this Act shall, when sold 
or otherwise distributed, meet applicable standards recommended by the Codex 
Alimentarius Commission and also the Codex Code of Hygienic Practice for 
Foods for Infants and Children. 
SEC. 24. Against Adulteration and the Like. - To prevent quality 
deterioration, adulteration or contamination of food products within the scope of 
this Act, distribution outlets shall not be allowed to open cans and boxes for the 
purpose of retailing them by the cup, bag or in any other form. 
CHAPTER VII 
HEAL THCARE WORKER RESPONSIBILITIES 
14 


SEC. 25. Healthcare Worker Responsibilities. - Heads of healthcare 
facilities and national and local health authorities shall take measures to 
encourage and protect breastfeeding and to promote this Act. They shall ensure 
that health workers are familiar with all of the information specified in this Act and 
give information and advice to health workers regarding their responsibilities 
under this Act. In this regard, health workers shall: 
(a) Encourage, support and protect breastfeeding. They are expected to 
know the provisions of this Act, particularly the information specified in Chapters 
III, V and this chapter; 
(b) Shall work to eliminate practices that directly or indirectly retard the 
initiation and continuation of breastfeeding, such as pre-lacteal feeds; and 
(c) Shall make in writing a report to the head of his or her workplace, who 
shall in turn report to the lAC, of any offer he or she receives for a sample or gift 
or other benefit from a manufacturer or distributor or any other contravention of 
the provisions of this Act. 
CHAPTER VIII 
ADMINISTRATION 
SEC. 26. Implementation. - The Department is principally responsible for 
the implementation of this Act. The Secretary shall, when necessary, call upon 
other departments to ensure the implementation and enforcement of this Act. 
SEC. 27. Powers and Functions. - For the purpose of implementing this 
Act, the Secretary has the following powers and functions: 
(a) To promulgate such rules as are necessary or proper for the 
implementation of this Act and the accomplishment of its purposes and 
objectives; 
(b) To call for consultations with and request for assistance from 
government 
agencies, 
nongovernment 
organizations, 
civil 
society 
representatives, concerned international agencies and other interested parties to 
ensure implementation of this Act, and to monitor and enforce strict compliance 
thereto and to the rules promulgated hereunder; 
(c) Outsource monitoring fimctions to nongovernment organizations duly 
accredited by the Department of Health; 
(d) Outsource training of internationally recognized lactation experts to 
man maternity wards of hospitals and other healthcare facilities; 
(8) To cause the enforcement of this Act; and 
(f) To exercise such other powers and functions that may be necessary for 
or incidental to the attainment of the purposes and objectives of this Act, 
including but not limited to: 
(1) AdviSing the President on national policy for the promotion and 
protection of breastfeeding; 
(2) Creating regional committees to carry out the functions of the lAC at 
the regional level, as may be prescribed; 
(3) AdviSing the President on designing a national strategy for 
developing communication and public education programs for the promotion of 
breastfeeding; information and educational materials on the topics of infant and 
young child feeding; continuing education for health workers on lactation 
management and the requirements of this Act; curricula for students in the health 
professions that include lactation management and to ensure widespread 
distribution of and publicity concerning this Act, in a method as may be 
prescribed; and 
(4) Reviewing and reporting of violations or other matters concerning this 
Act and when appropriate, filing the necessary administrative, civil action and/or 
criminal action. 
15 


SEC. 28. The Inter-Agency Committee (lAC). - For purposes of 
Chapters III and V of this Act, an Inter-Agency Committee composed of the 
following members is hereby created: 
(a) Secretary of Health; 
(b) Secretary of Trade and Industry; 
(c) Secretary of Justice; 
(d) Secretary of Social Welfare and Development; 
(e) Secretary of Education; 
(f) Head of the Food and Drug Administration; and 
(g) Representative from one (1) nongovernmental organization, which 
advocates breastfeeding: Provided, That it adheres to the standards of 
international ethics, does not hold any clearly conflicting interests and does not 
receive donations or support of any kind from manufacturers, distributors and 
marketing personnel. 
The Secretary of Health shall convene and chair the lAC with the FDA 
acting as its member/secretariat. The members may designate their duly 
authorized representative to every meeting of the lAC: Provided, That such 
representative must be familiar with the provisions of this Act and has 
competence and experience in the field of public health policy-making and/or 
project implementation. No representative to the lAC shall have direct or indirect 
material interest in any manufacturer or distributor of any Designated product. 
SEC. 29. Powers and Functions of the lAC. - The lAC shall have the 
following powers and functions: 
(a) To review and examine all advertising, promotion or. other marketing 
materials, whether written, audio or visual, including, but not limited to, those 
shown in cinemas and theater and those transmitted through mail, email, text 
messages, telephone calls and websites on covered products which are not 
included in the absolute advertising ban under Section 13 (b) of this Act; 
(b) To approve or disapprove, delete objectionable portions from and 
prohibit the printing, publication, distribution, exhibition and broadcast of, all 
advertising promotion or other marketing materials, whether written, audio or 
visual, including, but not limited to, those shown in cinemas and theater and 
those transmitted through mail, email, text messages, telephone calls and 
websites on covered products which are not included in the absolute advertising 
ban under Section 13(b) of this Act; 
(c) To prescribe the internal and operational procedure for the exercise of 
its powers and functions as well as the performance of its duties and 
responsibilities; and 
(d) To receive a written complaint lodged by any person relating to a 
violation of any provision of this Act or its implementing rules and regulations 
(lRR) and on the basis thereof, immediately order the investigation of the 
complaint by the BFAD and, within thirty (30) days from receipt of the complaint, 
recommend actions to be instituted against the offending person or persons. 
SEC. 30. Prior Written Consent and Approval of the lAC. -
No 
advertising, promotion or other marketing materials whether written, audio, 
visual, audio-visual, and electronic for covered products intended for children 
twenty-four (24) months onwards which are marketed as partial or total 
replacement of breastmilk, including bottle-fed complementary foods and 
feeding bottles, teats and pacifiers shall be printed, published, distributed, 
exhibited and broadcasted or in any manner released to the public without the 
prior written consent and approval of the lAC. 
Such written approval must be specific in product and time bound. In no 
case shall a blanket or general approval be allowed. 
16 


SEC. 31. Authority of the lAC Secretariat (FDA) to Issue Cease and 
Desist Orders (COOs). - The lAC Secretariat (FDA) shall have the authority to 
determine if any advertising, marketing, promotional, or information and 
educational material violates this Act and . all other pertinent laws and IRR. 
Immediately upon receipt of the report of violation, the investigating officer shall 
conduct an ex parle examination of the evidence presented. If a prima facie case 
is established, a COO shall be issued by the FDA, stopping the further release, 
printing, broadcast, or dissemination of the offending advertising, marketing, 
promotional, or information and educational material. 
Noncompliance with the COO shall be ground for the imposition of 
sanctions as stated in Section 37 hereof. The issuance of the COO shall be 
without prejudice to the imposition of the appropriate administrative sanction, if 
so warranted, after due notice and hearing. 
CHAPTER IX 
ADMINISTRATIVE AND CRIMINAL ACTIONS 
SEC. 32. Role of Food and Drug Administration (FDA). - The FDA shall 
investigate and verify reports of violations and shall report its findings to the lAC 
and to the Department. When appropriate, it shall apply administrative sanctions 
against the violators; and/or cause the filing of criminal complaints against 
persons and entities found to have violated, singly or repeatedly, the provisions 
of this Act or its IRR. 
SEC. 33. Citizen Suits. - For purposes of enforcing the provisions of this 
Act or its IRR, any citizen may file an appropriate civil, criminal or administrative 
action, including one for damages for any harm suffered as a result of a violation 
of any provision of this Act, in the proper courts against: 
(a) Any person who violates or fails to comply with the provisions of this 
Act or its IRR; 
(b) Any person who violates the terms and conditions set forth by the 
Department or the lAC; and 
(c) Any public officer, including any member of or representative to the 
lAC, ·who willfully or grossly neglects the performance of an act especially 
required as a duty by this Act or its IRR; or abuses his/her authority in the 
performance of his/her duty; or, in any manner, improperly performs his/her 
duties nnder this Act or its IRR; Provided, however. That no suit can be filed until 
after thirty (30) days from notice given to the concerned public officer and the 
alleged violator or violators, and no appropriate action has been taken thereon. 
The court shall exempt such action from the payment of filing fees, except 
fees for actions not capable of pecuniary estimation, and shall, likewise, upon 
prima facie showing of the non-enforcement or violation complained of, exempt 
the plaintiff from the tiling of an injunction bond for the issuance of a preliminary 
injunction. 
Within thirty (30) days, the court shall make a determination if the 
complaint filed herein is malicious and baseless and shall accordingly dismiss the 
action and award attorney's fees and damages, as it may deem appropriate. 
SEC. 34. Independence of Action. - The filing of an administrative suit 
against any person or entity under the preceding section does not preclude the 
right of any other person to file any criminal or civil action. Such criminal and/or 
civil action shall proceed independently. 
SEC. 35. 
Suits and Strategic Legal Actions Against Public 
PartiCipation and the Enforcement of This Act. - Where a suit is brought 
17 


against a person who filed an action as provided in Section 33 of this Act, or 
against any person, institution or government agency that implements this Act, it 
shall be the duty of the investigating prosecutor or the court, as the case may be, 
to immediately make a determination not exceeding thirty (30) days, whether 
such legal action has been filed to harass, vex, exert undue pressure, or stifle 
legal resources of the person complaining or of enforcing the provisions of this 
Act. In case of such determination, the investigating prosecutor or the court shall 
dismiss the case and award attorney's fees and damages, as it may deem 
appropriate. 
SEC. 36. Lien Upon Personal and Immovable Properties of Violators. 
- Fines .and penalties imposed pursuant to this Act shall be liens upon personal 
and immovable properties of the violator. Such lien shall, in case of insolvency of 
the respondent violator, enjoy preference subsequent to laborer's wages under 
Articles 2241 and 2242 of Republic Act No. 386 or the New Civil Code of the 
Philippines. 
SEC. 37. Liability of Manufacturers/Distributors. - Manufacturers and 
distributors of the products covered by this Act shall be directly liable for any 
violation of the provisions of this Act and its IRR. Should the offense be 
committed by a juridical person, the chief operating officer, chief executive 
officer, principal investors, general manager, or the partners and/or the persons 
directly responsible therefore, shall be made accountable. 
Agents/representatives of the manufacturers or distributors of the products 
covered by this Act, who commit any violation of its provisions or its IRR shall be 
jointly and solidarily liable with the said manufacturers and distributors. 
The separate and/or distinct legal personality of the manufacturer or 
distributor notwithstanding, the chief operating officer, chief executive officer, and 
principal investors of the proponent firm shall be jointly and severally liable for 
any financial liability or award of damages made by the court. The same shall 
apply to transnational corporations and foreign firms licensed to do business in 
the Philippines. 
CHAPTER X 
ADMINISTRATIVE SANCTIONS 
SEC. 38. Administrative Sanctions. - The following administrative 
sanctions shall be imposed upon any person, juridical or natural, found to have 
violated the provisions of this Act and its IRR: 
(a) 1st violation - Administrative fine of a minimum of One hundred 
thousand pesos (P100,000.00) to Two hundred thousand pesos (P200,000.00) 
depending on tMe gravity and extent of the violation, including the recall of the 
offending product; 
(b) 2nd violation - Administrative fine of a minimum of Two hundred 
thousan'd pesos (P200,000.00) to Three hundred fifty thousand pesos 
(P350,OOO.OO), depending on the gravity and extent of the violation, and in 
addition thereto, the recall of the offending product, and suspension of the 
Certificate of Product Registration (CPR); 
(c) 3rd violation - Administrative fine of a minimum of Three hundred fifty 
thousand pesos (P350,000.00) to One million pesos (P1 ,000,000.00), depending 
on the gravity and extent of the violation, and in addition thereto, the recall of the 
18 


/ 
i 
product, revocation of the CPR, suspension of the license to operate (L TO) for 
one (I) year; 
(d) 4th and succeeding repeated violations - Administrative fine of Two 
million pesos (P2,OOO,OOO.OO), the recall of the offending product, cancellation of 
the CPR, revocation of the L TO of the company concerned, including the 
blacklisting of the company to be furnished the Department of Budget and 
Management (DBM) and the DTI; and 
(e) An additional penalty of Twenty thousand pesos (P20,OOO.OO) per day 
shall be made for every day the violation continues after having received the 
order from the lAC or such other appropriate body, notifying and penalizing the 
company for the infraction. 
For purposes of determining whether or not there is "repeated" violation, 
each product violation belonging or owned by a company, including those of their 
subsidiaries, are deemed to be violations of the concerned manufacturer or 
distributor and shall not be based on the specific violating product alone. 
SEC. 39. Against Public Employees. - In accordance with the Revised 
Administrative Code and pertinent civil service rules and regulations, erring 
government employees found to be liable, and depending on the gravity of said 
violation, shall be imposed the appropriate penalty by the disciplining authority. 
CHAPTER XI 
CRIMINAL PENALTIES 
SEC. 40. Penalties. - Any person who violates the provisions of this Act or 
its IRR shall, upon conviction, be punished by a penalty of two (2) months to one 
(1) year imprisonment or a fine of not less than One hundred thousand pesos 
(P100,OOO.OO) nor more than Two million pesos (P2,OOO,OOO.OO) or both. Should 
the offense be committed by a juridical person, the Chairman of the Board of 
Directors, the president, the general manager, or the partners and/or the persons 
directly responsible therefore, shall be penalized. 
Any importation of a Designated product that has been recalled or 
withdrawn from the domestic or foreign or international market due to 
contamination or for any reason whatsoever, or which is past its expiry date as 
indicated in the label, shall be deemed as illegal importation of a prohibited 
and/or dangerous drug, and those responsible shall be prosecuted accordingly. 
In addition, the manufacturer, distributor, marketing personnel and importer of 
the same shall be subject to fine and possible loss of its license, authority or 
permit to operate in the Philippines. 
CHAPTER XII 
MISCELLANEOUS PROVISIONS 
SEC. 41. Donations Covered by This Act. - Donations of products, 
materials, defined and covered under this Act and its IRR shall be allowed only 
upon the approval of the Department. 
SEC. 42. Other Donations by Milk Companies not Covered by This 
Act. - Donations of products, equipment, and the like, not otherwise falling within 
the scope of this Act or its IRR, given by milk companies and their agents, 
representatives, whether in kind or in cash, may only be coursed through the 
19 


Department, which shall determine whether such donation can be accepted or 
otherwise. 
SEC. 43. Continuous Review on Prescription Policy. The Department 
shall evaluate every year, or as necessary, its policy of whether or not to subject 
the sale of infant formula, to prescription . 
. SEC. 44. Brand Names and Corporate Logo Identification. - Brands, 
brand names or trademarks of designated products must be used exclusively for 
the said products. Should brands, brand names or trademarks which are identical 
or obviously similar to, or variants of said designated products, the prohibition on 
advertising, marketing, promotions, sales and sponsorships shall likewise apply 
to those products. A variant of the brand, brand name or trademark refers to a 
brand, brand name or trademark on which a modifier or any work or term is 
prefixed or suffixed to the root word. The Department shall periodically review 
whether or not to allow the use of corporate logos of Designated products which 
are similar to the logos utilized for products not covered by this Act, including the 
physical appearance of the container, taking into consideration the possibility of 
product confusion, the balance between a free market economy as against the 
decline and fall of breastfeeding rates among mothers and WRA, and public 
welfare and benefit being its ultimate yardstick. Accordingly, any modification of 
existing policy should first undergo public consultations with all concerned 
stakeholders before its actual implementation. 
CHAPTER XIII 
FINAL PROVISIONS 
SEC. 45. Implementing Rules and Regulations (IRR). 
-
The 
Department shall issue the IRR for this Act within one hundred twenty (120) days 
from its effectivity. 
SEC. 46. Separability Clause. If for any reason, any part or prOVision of 
this 
Act 
be 
declared 
invalid 
or 
unconstitutional, 
such 
invalidity 
or 
unconstitutionality shall not affect the other provisions which shall remain in full 
force and effect. 
SEC. 47. Repealing Clause. - All orders, issuances, and rules and 
regulations or parts thereof inconsistent with this Act are hereby repealed and 
modified accordingly. 
SEC. 48. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in any newspaper of general circulation. 
Approved, 
20