FSAI Publishes Guidance on Stricter Rules for Advertising and Marketing of Infant Formula

The Food Safety Authority of Ireland (FSAI) and the specialised nutrition member companies of Dairy Industry Ireland have published a new guidance document for the infant formula industry on how to comply with food law when communicating with health professionals about infant formula products. 
 
This new guidance comes on foot of the coming into effect of a delegated regulation that has the following as some of its features:
 

• A prohibition on presentation, labelling or advertising of infant formula and follow-on formula using terms such as ‘humanised’, ‘maternalised’, ‘adapted’, and a requirement that presentation, labelling or advertising of these products provide the necessary information about appropriate use so as not to discourage breast feeding (Article 6(6)).

 

• A prohibition on nutrition and health claims on infant formula (Article 8). Statements on Docosahexanoic Acid (DHA) (for infant formula) and lactose (for infant formula and follow-on formula) are still permitted (Article 9).

 

• Enhanced restrictions in relation to the advertising of infant formula including a restriction on advertising of infant formula to publications specialising in baby care and scientific publications only (Article 10).

 

• Some limited exceptions will apply to infant formula and follow-on formula manufactured from protein hydrolysates until February 2021.

All written, electronic and verbal communication to consumers and health professionals on infant formula must comply with the new EU legislation, which came into force on 22 February 2020. FSAI has also developed an assessment tool that will allow industry to assess their compliance with current food law in this area.

Written by James Gallagher.

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