Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 10. 8525

EXPLANATORY NOTE

This bill seeks to ban on advertisements and promotions of breastmilk
substitute, infant formula and complementary food products that are
intended for children from 0-6 months old and promote breastfeeding for the
first six (6) months of an infant.

This re-filed bill is originally HB 3179 that we filed in the Fourteenth
Congress that was consolidated with other bills with same import by the
Committees on Health and Trade and Industry.

It is no secret to us that breastmilk is the best food for infants for a
variety of reasons, among them its natural content of all the nutrients and
antibodies a newborn baby needs for its full growth and development; the
purity and cleanliness of breastmilk; and the natural bond that develops
between mother and child during breastfeeding.

It is also common knowledge to us that the two leading causes of
infant mortality — diarrheal diseases and malnutrition — are often rooted in
improper and artificial feeding practices.

Despite this knowledge, however, there is evidence to show that the
practice of breastfeeding has been declining in our country.

Hence, there is expediency to ban advertisements and promotions of
breastmilk substitute, infant formula and complementary food products that
are intended for infants from birth until 6 months old. Corollary to this, the
promotion of breastfeeding for the first six months of infants is imperative.

In view of the foregoing, the passage of this bill is earnestly sought.

ATTY. glassed


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3525

Introduced by ATTY. MAGTANGGOL T. GUNIGUNDO I

AN ACT
TO REGULATE THE TRADE, MARKETING, ADVERTISING AND
PROMOTIONS OF INFANT FORMULA, AND FOR OTHER
PURPOSES

Section 1. Title. - This Act shall be known as “An Act to Regulate the Trade,
Marketing, Advertising and Promotions of Infant Formula of 2010”.

Section 2. Declaration of State Policy and Principles. — 1
of the State to consider breastfeeding as an important and t

d terest of maternal and child health. Women shall be conoimnged to
infants irom birth to six months of age. Moreover, every effort to
use locally available foods to complement breastmilk must be encouraged.

exclusively br

Section 3. Definition of Terms. — For purposes of this Act, the following definitions are
adopted:

a) “Advertising” means the business of conceptu
to the public, through any form of mass medi
or information about the attributes, features, quali
services or credit.

joF availabilty cf cota products,

b) “Bottle-feeding” is the method of feeding an i
nipples, the contents of which can be any

fant

a bottle with ar

©) “Brand or Brand name” is a distinctive name identifying a product or a particular
make of goods.

d) “Breastfeeding” is the method of feeding an infant directly from the human breast.

©) “Breastmilk” refers to the human milk from a mother.


) “Breastmilk Substitute” means any food intended for infants being marketed or
otherwise represented as a partial or total replacement for breastmilk, whether or not
suitable for that purpose.

2) “Committee” or “IAC” shall refer to the Inter-Agency Committee composed of
members specified herein.

h) “Container” refers to the packaging of a product for sale at retail.
i) “DOH” refers to the Department of Health.

i) “Expressed Breastmilk” refers to the human milk which was extracted from the breast
by hand or by pump. It can be fed to an infant using the dropper, a nasogastric tube, a
cup and spoon, or a bottle.

k) “Formula Feeding” is the feeding of an infant with an infant formula usually by
bottle-feeding. It is also called artificial feeding.

1) “Follow-on formula” milk or milk-like product formulated industrially in accordance
with Codex Alimentarius standards represented as suitable for infants from 6 months or
older.

m) “Infant” means a person falling within the age bracket of 0-12 months.

n) “Infant Formula” means a breastmilk substitute formulated industrially in accordance
with applicable Codex Alimentarius standards, to satisfy the normal nutritional
requirements of infants up to six months of age, and adapted to their
characteristics. Infant formula may also be prepared at home in which cas
as "home-prepared."

0) “Marketing” means product promotion, distribution, selling, advertising, product
public relations, and information services.

Pp) “Mother's milk” refers the breastmilk from the newborn's own mother.

q) “Promotion” means the practice of giving temporary additional value to a product or
service to achieve specific marketing objectives.

Promotions” ” refers to techniques or schemes intended for broad consumer
ntains promises of gain such as prizes in cash or in kind, as reward

for the purchase of a product in a contest, game. tournament and other

competitions which involve determination of winners and which utili:

other forms of communication to disseminate information of the same.

8) “Sample” means single or small quantities of a product provided without cost.

ereof adopted ay used by a manufacturer or merchant on his goods to
y and distinguish them fom those manufactured, sold or dealt in by others.
Trademark shall also be §

u) “Weaning” means discontinuing the breastfeeding of an infant with substitution of
other feeding habits.


v) “Wet-nursing” is the feeding of a newborn from another mother’s breast when his/her
own mother cannot breast-feed.

Section 4. Formulation of the Program. - There shall be a comprehensive program to
promote breastfeeding to be formulated by the Department of Health (DOH) and the
Department of Social Welfare and Development (DSWD) in coordination with other

government agencies and private sector concemed within one (J) year from the
effectivity of this Act.

Section 5. Not indecent exposure. — No provision of law or ordinance on indecent
exposure shall apply to breastfeeding an infant. A mother may breastfeed her baby in any
location public or private, where the 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.

Section 6. Breastfeeding and the workplace. —In consonance with RA 10028 (Expanded
Breasifeeiling Act of 2010), employers of women who continue to breastfced upon
returning to work shall have the following obligations:

(a) Preserve and respect the right of women to breastfeed babies in the workplace;

(b) Facilitate the continuation of breastfeeding when women retum to work by

(©) Develop written policies supporting breastfeeding practices for the workplace
that addresses issues that include flexibility in work schedules and break-times so
nursing mothers may express their breastmilk; and

(d) Employers shall provide mothers with reasonable unpaid break time to express
milk or breastfeed.

Section 7. Lactation facilities. — Employers shall provide a clean and private location in
the workplace where mothers can express milk or breastfeed in privacy. Such location
shall have access to clean, safe water source and sink for washing hands and rinsi
any needed breast-pumping equipment; and access to hy i
mother’s breastmilk.

Section 8. Information Dissemination to Pregnant Women. - Dv
prenatal and postnatal consultations and/or confinem

{ ° ‘hal fons and
its importance are emphasized in the appropriate subjects in the medical and health
related collegiate and po



Section 10. Advertising and Promotions. — when prohibited
For products that are covered under this Act that are intended for infants from 0-6
months, no advertising or promotions directed to mothers and the public shall be allowed.

Section 11, Advertising and Promotions - when allowed

Advertising and promotions of follow-on formula, growing-up milk or milk
supplements, and other related products, intended for children over six (6) months of age
shall be allowed. Permit requirements from the DOH or BFAD shall be required only for
the conduct of sales promotion as defined under Section 3 of this Act, in accordance with
the procedure provided for under Articles 1/6 — 124 of the Consumers Act of the
Philippines.

A decision or order from the DOH or BFAD denying an application to conduct a
sales promotion under Art. 116 of the Consumers Act of the Philippines shall be
appealable as provided for in section 12 of this Act.

False, misleading, or deceptive advertisements of products under this Act, follow-
on formula, and growing-up milk or milk supplements are prohibited, These shall be
dealt with in accordance with Article /22 of the Consumer Act of the Philippines.

Section 12. Review of Orders or Decisions. - Novi the provisions of the
Consumers Act of the Philippines, The Food and Drug Cosmetics Act, or any other
provision of law, any party aggrieved by any order or decision of the Secretary of Health
peal said order or decision to the regular courts on questions of
fact and law within 15 days from receipt of decision or order.

Section 13. Contents of Materials. — The following texts, picture, illstrations, or
jon are deem ermine breastfeeding and are hereby prohibited from being
used inal advertising and promotional materials :

@) Pictures of infants, person holding a feeding bottle, feeding bottles, and infant with
product shots;

that
breastmilk substitutes is equivalent to breastfeeding or be
image of breastfeeding;

¢) Pictures or graphics of toys and animals being fed, whether by breast or bottle,
nor should materials depict animal or toy as mothers; or

d) The term “humanized”, “maternalized”, se io mother’s milk” or
words describing breastmilk substitutes or milk supplements.

Section 14. Prohibition on Samples and Supplies. - Manufacturers and distributors of
products intended for infants 0-6 months shall not give samples and supplies thereof to
any member of the general public, mothers, pregnant women, health workers, hospitals
stitutions, as well as personne! within the healthcare system, including
members of their families except when necessary for the purpose of professional
evaluation or research.

and other health in

ion on Gifts. - Gifis of products covered under this Act for the
« these products given by the manufacturers, distributors, and their
Tepresentatives, shall not be allowed to be given to any member of the general

mothers, pregnant women, health workers,
‘as personnel within the healthcare system, including members of their families.



Section 16. Prohibition on Point-of-Sale. - There shall be no point-of-sale advertising,
giving of samples or any promotion devices to induce sales directly to the consumers at
the retail level, such as special displays, discount coupons, premiums, rebates, special
sales, bonus and tic-in sales, loss-leaders, prizes or gifts, for products intended for infants
0-6 months under this Act.

This provision shall not restrict the establishment of pricing policies and practices
intended to provide products at lower prices on a long-term basis, either at the wholesale
or retail level, in pharmacies, drugstores, or general merchandise stores, where products
covered by this Act, follow-on formula, and growing-up milk or milk supplements, may
be purchased without a physician’s prescription.

Section 17. Quality. — The quality of products is an essential element for the protection
of the health of infants and this shall be prioritized. Food products under this Act,
follow-on formula, or growing-up milk or milk supplements, shall meet the applicable
standards under the Codex Act of Hygienic Practice for Foods for Infants and Children,
provided the latter is consistent with the provisions of this Act.

‘To prevent quality deterioration, adulteration or contamination of products under
this Act, follow-on formula, or growing-up milk or milk supplements, distribution outlets
including the smallest sari-sari store, shall not be allowed to open cans and boxes for the
purpose of retailing them by the cup, bag, or in any other form.

2 18. Prohibition on Donations. - Donations from manufacturers and distributors

Secti
c nder this Aci intended for infants 0-6 months shall not be allowed.

of products

Section 19. Inter-Agency Committee (I40).- The
composed of the following members is hereby creat

Secretary of Health
Secretary of Trade & Industry-
Secretary of Justice ——————__________Member
Secretary of Finance —— —
Secretary of Social Welfare and Development
Seer of the Department of Science and Technology ‘Member
Director General (National Economic Development Authority)- Member
President of the Philippine Medical Associ
Representative from among manufacturers ————-——_____
o primary distributors of products under this Act intended for
infants from 0-6 months, chosen by 2 majority vote in an election
supervised by the DTI.

‘The members may designate their duly authorized representative to every
meeting of the Committee, who shall at least be Directors from their respective offfices,
except for the Secretaries of Trade and Health who may only be represented by their
authorized Undersecretaries.

The Committee shall be principally responsible for the implementation and
enforcement of the provisions of this Act.

For this purpose, the Committee shall have the following powers and functions:

(1) Upon a majority vote of the members of the IAC, to promulgate such rules


and regulations as are necessary or proper for the implementation of this Act and the
accomplishment of its purposes and objectives. Upon motion filed by any party or motu
propio, the IAC shall review, revise and approve all other rules and regulations issued by
the DOH or BFAD, relating to products covered under this Act, follow-on milk, growing-
up milk or milk supplements. This applies notwithstanding the provisions of the
Consumer Act of the Philippines, the Food and Drugs Cosmetics Act, or any other
provision of law;

(2) To call the assistance of government agencies and the private sector to ensure
the implementation and enforcement of, and strict compliance with, the provisions of this
Act and the rules and regulations promulgated in accordance herewith;

(3) To cause the prosecution of the violators of this Act and other pertinent laws
on products covered by this Act;

(4) To exercise such other powers and functions as may be necessary for or
incidental to the attainment of the purposes and objectives of this Act; and

(5) 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.

Section 20. Sanctions. —
(a) Any person who violates the provisions of this Act or the rules and regulations
issued pursuant to this Act shall, upon conviction, be punished by a penalty of two
2) months to one (1) year imprisonment or a fine of not less than Fifty Thousand
Pesos (Php 50,000.00) nor more than One Hundred Thousand (Php 100,000.00) or
both, with the discretion of the court. Should the offense be committed by a
juridical person, the Chairman of the Board of Directors, the preside:
manager, or the partners and/ or the persons directly responsible th

be penalized; and

(b) Any license, permit or authority issued by any government agency to any health
worker, distributor, manufacturer, or marketing firm or personnel for the practice
of their professional or occupation, or for the pursuit of their business, may, upon
recommendation of the Department of Health, be suspended or revoked in the
event of repeated violations of this Act, or of the rules and regulations issued
pursuant to this Act.

or unconstitutionality shall not affect the other provisions which shall remain in in full force

and effect.

Section 23. Effectivity. - This Act shall take effect thirty (30) days
publication in the Official Gazette or in a newspaper of general

Approved,