WHO to discuss regulation of Digital Marketing of breastmilk substitutes at the 156th Executive Board Meeting
EB156 | Geneva, Switzerland | 3–11 February, 2025
Brazil is leading countries like Mexico, Norway, and Lesotho in an initiative at the World Health Organization (WHO) to curb abusive digital marketing practices targeting breastmilk substitutes.
Digital marketing is fast becoming the predominant source of exposure to promotion of baby feeding products globally. In 2022, WHO’s report on digital marketing of breast-milk substitutes described its cross border extent and power. It is now totally out of control and parents and carers everywhere are targeted by paid ‘influencers’ and other deceptive schemes with information that undermines WHO and national health recommendations and disempowers parents.
The Guidance aims to help Member States tackle a problem that was not envisaged when the International Code of Marketing of Breastmilk Substitutes was adopted in 1981, and the issue of Digital Marketing demonstrates the continuing need for biennial reporting to the WHA – the world’s highest health policy setting body. 20 WHA Resolutions and Decisions have been adopted since 1981 that have updated the Code in line with marketing and scientific developments.
Brazil and Mexico, supported by Armenia, Bangladesh, El Salvador, Panama, Peru, Sri-Lanka tabled a zero draft ResolutionRegulating the digital marketing of breast-milk substitutes in November. Since then, Chile, Slovakia, Norway, Vanuatu and Lesotho have added their names.
Member States have had three meetings to discuss the Draft (29 Nov, 16 Dec and 9th January). We expect the new draft to be debated at the 156th Executive Board under Item 14. Global Strategy for Women’s, Children’s and Adolescents’ Health.
Here is a summary of some important points raised by UNICEF during the webinar:
The core of the prohibited marketing practices of the Code now exist in the digital space.
Digital marketing has more actors across the supply chain (social media platforms, online advertisers, internet service providers etc – not just product producers and distributors.
So governments must articulate specific implementation and enforcement mechanisms into their legislation, specifying legal duties of compliance to the appropriate actors.
There is no need for governments to expend significant resources to enforce every violation. The other actors in the digital supply chain have control over monitoring the content on their platforms and in many countries already do so for other regulated marketing practices and products such as pharmaceutical, tobacco, alcohol as well as intellectual property infringements etc. The approach set out in the WHO Guidance is not new or practically difficult to implement, but is very important to implement as soon as possible.
The 2024 Code Status Report found that when counties included monitoring and compliance mechanisms into their laws they had higher breastfeeding rates. When they did not, breastfeeding rates were similar to those that had no legal measures at all.
Garnering civil society and Member States support for a resolution on the regulation of digital marketing of baby feeding products
Series of policy debates hosted by the G2H2 ahead of WHO EB 156. See the recording of the IBFAN Policy debate – Monday, 20 January 2025:
Click to watch the video
Panelists
Lawrence Grummer Strawn, WHO Department of Nutrition and Food Safety – Presentation available as PDF here
Constance Ching, Alive and Thrive
Katie Pereira Kotze, UK Baby Feeding Law Group – Presentation available as PDF here
Kathy Shats, UNICEF Legal specialist
Sonia Venancio, Coordinator of Child and Adolescent Health Care, Ministry of Health, Brazil. – Presentation available as PDF here
Gry Hay, Special Advisor, Department of Child and Adolescent Health, Norwegian Directorate of Health.
Moderator: Patti Rundall Introduction by: Marina Rea
IBFAN Statements
Agenda Item 24 - Issues Related to Management and Governance
Patti Rundall (IBFAN UK) – 03/02/2025
IBFAN has been a critical friend of WHO for nearly 50 years and our collaboration contributed tothe adoption of the first global consumer protection tool – a Code of Marketing that has savedmillions of children’s lives but was adopted in the face of fierce opposition from industry.
As WHO comes under attack again, corporate free NGOS such as IBFAN can help explainWHO’s relevance and why its independence, integrity and trustworthiness must be protectedfrom political and commercial influence from health harming industries. No single country couldever be trusted to defend the health needs of all countries, as WHO is constitutionally mandatedto do, so assessed contributions must be increased and all collaboration and funding screenedfor Conflicts of Interest. There is no other organisation that can do this work.
Agenda Item 6 - Universal health coverage
Anna Koronkiewicz-Wiórek (IBFAN Poland) – 05/02/2025
IBFAN strongly supports the right to access to free and adequate healthcare. However, if UHC is to be effective, strong conflicts of interest safeguards are needed to prevent health harming commercial industries hijacking the process.
For oral heath, prevention starts with optimal early years feeding: breastfeeding and the avoidance of all ultra-processed products. Companies know exactly how to process raw ingredients to achieve sweetness while claiming products are sugar free. They know that sweetness is addictive and sets up taste preferences in children.
Marketing legislation must cover all formulas and related products marketed for infants and children, including plant-based formulas and bottles and teats.
Codex is starting new work on a standard for baby foods – many are high in free sugars. Member States must pay attention and send health delegates to Codex to ensure that WHO recommendations are followed.
Agenda Item 15 - WHO’s work in health emergencies
Patti Rundall (IBFAN UK) – 06/02/2025
Infant mortality rises when inappropriate donations disrupt breastfeeding – a resilient practice that provides food, care and immune protection, especially in emergencies.
A new draft Codex Guideline is coming that will allow labelling exemptions in emergencies. This maybe fine for some products, but very risky for baby foods. IBFAN has documented how badly labelled ‘humanitarian donations’ are exploited to create new markets for risky products.
IBFAN is a founding member of Infant Feeding in Emergencies group, set up to ensure good coordinated emergency responses, such as re-lactation and ‘skin-to-skin’ contact that improve infant survival. With so many climate and conflict crises WHO must ensure that its emergency guidance is not influenced by commercial agendas and that food distribution does no unintended harm for mothers and children.
Speaking for Brazil, a representative stated that they intend to propose a World Health Assembly (WHA) Resolution on the digital marketing of breastmilk substitutes. Learn More
Global Breastfeeding Collective – Be prepared to advocate effectively for a comprehensive legal ban on digital marketing of breastmilk substitutes. This very brief document provides essential facts and powerful key messages to aid your discussions. Designed for brevity and clarity, this document can be downloaded, printed, shared with others, and carried with you so you’re prepared when you have the opportunity to discuss this critical issue. Learn More
Digital marketing has become the dominant form of promoting formula throughout the world, yet fewer than 20% of countries explicitly prohibit promotion of breast-milk substitutes on digital platforms such as social media and websites. This brief outlines 10 key guidance recommendations from WHO, designed to support Member States in:
Applying the Code’s provisions effectively in digital environments
Strengthening monitoring and enforcement, including addressing cross-border marketing challenges
Applying regulatory measures to restrict digital marketing of products that fall within the scope of the Code, as well as to foods for infants and young children that are not breastmilk substitutes
It also features a four-point Call to Action on digital marketing of breastmilk substitutes, providing actionable steps for government leaders, policy makers, and parliaments. Learn More
Peer reviewed publications that have used the VIVID data:
Backholer K, Nguyen L, Vu D, Ching C, Baker P, Mathisen R. Violations of Vietnamese laws related to the online marketing of breastmilk substitutes: Detections using a virtual violations detector. Matern Child Nutr. 2025 Jan;21(1):e13680
Be prepared to advocate effectively for a comprehensive legal ban on digital marketing of breastmilk substitutes. This very brief document provides essential facts and powerful key messages to aid your discussions. Designed for brevity and clarity, this document can be downloaded, printed, shared with others, and carried with you so you’re prepared when you have the opportunity to discuss this critical issue.
Author(s): ILCA, IBFAN
Publication date: December 2024
Languages: English, Arabic, French, Spanish
LOOK WHAT THEY ARE STILL DOING
A SUMMARY REPORT ON THE MONITORING OF DIGITAL MARKETING OF PRODUCTS THAT INTERFERE ON BREASTFEEDING