Australia’s ACCC hesitates to extend infant formula marketing code

AUSTRALIA – Australia’s competition regulator, the Australian Competition and Consumer Commission (ACCC), has expressed reluctance to extend the voluntary Marketing in Australia of Infant Formula (MAIF) code on infant-formula marketing.

The Infant Nutrition Council, representing manufacturers and importers, requested a five-year renewal of the MAIF code, which has been in place since 1992 to meet World Health Organization (WHO) guidelines for the marketing of breast milk substitutes. 

However, the ACCC has indicated it may deny the extension, arguing that the code no longer delivers sufficient public benefits to outweigh its limitations.

The ACCC noted that the MAIF Agreement is voluntary and lacks the regulatory scope to address modern marketing practices, particularly on digital platforms. 

According to ACCC Deputy Chair Mick Keogh, while the link between breastfeeding and better health outcomes for mothers and infants is well-established the code’s limited coverage and inability to regulate new marketing techniques, such as those driven by social media algorithms and influencers, reduce its effectiveness.

The code, initially extended for three years in 2021, applies to the marketing of infant formula for children up to 12 months old. 

However, a recent review by Australia’s Department of Health and Aged Care concluded that the MAIF code is “no longer fit for purpose” and recommended a shift toward a mandatory regulatory framework to better control marketing practices.

While the ACCC has continued to authorize the code temporarily during its ongoing assessment, the regulator has requested industry feedback on its recommendation to discontinue the MAIF code by 17 October. 

Should the ACCC decide to withdraw support, it could pave the way for more stringent government-led regulation.

Meanwhile, the proposal is under review by the Australian government, which may introduce new, mandatory marketing guidelines to better support breastfeeding and public health goals.

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