The Infant Formula and Follow–on Formula Regulations 1995

Provision of information and education regarding infant and child feeding

21.—(1) No person shall produce or publish any informational and educational (or informational or educational) materials, whether written or audiovisual, dealing with the feeding of infants and intended to reach pregnant women and mothers of infants and young children, unless (subject to paragraph (2) below) such materials include clear information on all the following points—

(a)the benefits and superiority of breast–feeding;

(b)maternal nutrition and the preparation for, and the maintenance of, breast– feeding;

(c)the possible negative effect on breast–feeding of introducing partial bottle– feeding;

(d)the difficulty of reversing the decision not to breast–feed; and

(e)where needed, the proper use of an infant formula or of infant formulae, whether manufactured industrially or home prepared.

(2) When the materials referred to in paragraph (1) above contain information about the use of an infant formula, they—

(a)shall include the social and financial implications of its use; the health hazards of inappropriate foods or feeding methods, and, in particular, the health hazards of improper use of an infant formula, and

(b)shall not use any pictures which may idealise the use of infant formulae.

(3) No manufacturer or distributor of an infant formula shall make a donation of any informational or educational equipment or materials except in accordance with the following conditions—

(a)the donation shall be made following a request by the intended recipient;

(b)the donation shall be made with the written authority of the Secretary of State or in accordance with guidelines drawn up by the Secretary of State;

(c)the equipment and materials may bear the name or logo of the donor but shall not be marked or labelled with the name of a proprietary infant formula; and

(d)the equipment or materials shall be distributed only through the health care system.

(4) Any institution or organisation which receives any infant formula free or at a reduced price shall ensure that such infant formula is only used by or distributed for infants who have to be fed on infant formula, and that such use or distribution continues only so long as is required by such infants.