A new Emergency Resolution is needed to:
- speed up the updating of the 20 year-old Codex and WHO Guidelines that do not address Bacillus cereus, Clostridium botulinum or heat-resistant spore forming contaminants;[1]
- ensure that national food safety surveillance and verification is independent, transparent and free from commercial interference and that whistle-blowers are listened to;
- ensure parents are better informed through clear labelling and family support in line with WHO marketing recommendations and 18 on the regulation of digital marketing;
- ensure health facilities follow Baby Friendly recommendations, [2] and provide mandatory paid maternity protection and leave.
Intrinsic contamination of formula has been commonplace for decades and has led to infant fatalities, factory closures, interrupted supplies and distress to families. Commercial formula requires strict manufacturing controls, transparent testing, rapid warning and family support.
Cross-border online promotion and sale exacerbates food safety risks. Families are harder to trace and products may not be registered or regulated. Idealising promotion undermines breastfeeding and is especially problematic when support systems are inappropriate and in settings where the risks are greater. Because they are not regulated by the International Code, US company ByHeart claimed that its contaminated products (that resulted in 51 infants hospitalised with botulism) had undergone ‘rigorous testing, going above and beyond what is required’ and are ‘filled with ingredients backed by breast milk science in every scoop.’ ByHeart formula was shipped to 21 countries where botulism diagnosis may be restricted and access to treatment reduced.[3]
Nestlé’s formulas contaminated with cereulide, a toxin produced by Bacillus cereus, were recalled from over 60 countries in January, a recall described as the biggest in the history of the company.[4] Nestlé refused to name Cabio Biotech, a Chinese company based in Wuhan. The problem has spread and the baby food industry is said to be in crisis. With criminal complaints filed by Foodwatch about Nestlé’s delays and lack of transparency and judicial inquiries into the deaths of babies in France.
Contact:
Patti Rundall: +44 7786 523493 prundall@babymilkaction.org
Catherine Watt: catherine.j.watt@gmail.com
[1] WHO Guideline on the Safe preparation, storage and handling of powdered infant formula (2007)
Code of Hygienic Practice for Powdered Formulae for Infants and Young Children,(2009)
[2] WHO UNICEF Baby Friendly Hospital Initiative
[3] ByHeart & Botulism: serious food safety failings expose online marketing risks December 2026
ByHeart’s AI and social media investors may soon resume production and promotion to recoup their investment.
[4] Nestlé’s credibility questioned as formulas recalled in 60+ countries over contamination risk. Jan 2026
