The Code

The International Code of Marketing of Breastmilk Substitutes (the Code) is a critical framework to protect children’s rights

Published by the World Health Organization in 1981, The International Code of Marketing of Breastmilk Substitutes and subsequent World Health Assembly resolutions (the Code) is an international health policy framework which regulates the marketing of breastmilk substitutes, feeding bottles, teats and related products marketed for infants and young children. Its purpose is to protect breastfeeding and to support all babies and families by ensuring that infant feeding decisions are not affected by commercial influence.

The Code was written in response to the marketing activities of the infant feeding industry which were promoting formula feeding over breastfeeding, in turn leading to dramatic increases in maternal and infant morbidity and mortality.

The underlying basis for the Code is the belief that the health of babies is so important that the usual rules governing market competition and advertising should not apply to products intended for feeding babies.

Learn more about this important health policy framework below. 

What does the Code do?

The Code regulates the marketing of breastmilk substitutes, including products that may be marketed in ways that imply they could replace breastfeeding, even if they are not suitable for that purpose. This coverage applies to products intended for use in infants and young children up to 36 months of age, in order to prevent inappropriate marketing and cross-promotion that could undermine breastfeeding.

The Code also sets standards for the labelling and quality of products and for how the law should be implemented and monitored within countries.

Restricting marketing does not mean that the products cannot be sold, or that factual and scientific information about them cannot be made available. Nor does it restrict parents’ choice. It simply aims to make sure that their choices are made based on full and impartial information rather than misleading, inaccurate or biased marketing claims.

Why does the Code matter?

The landscape in which families make feeding decisions has evolved dramatically. The rise of highly pervasive, subtle and deceptive marketing, social media and artificial intelligence has introduced new challenges. These sophisticated strategies can present formula feeding as a superior or necessary choice, often disguised as advice from trusted sources.

Health workers are widely trusted by the public and have constant access to new parents, making them the ideal conduit for relaying the company’s messages to parents. They are therefore frequent targets for marketing tactics.

With many families not being able to access timely and effective breastfeeding support, the need to protect breastfeeding and safer infant formula provision through the Code is crucial.

How does the Code protect children’s rights?

The Code forms part of States’ obligations under the United Nations Convention on the Rights of the Child) (UNCRC), to which the UK is a signatory.

The UNCRC is an international human rights treaty which outlines every child’s fundamental rights. Article 24 of the UNCRC incorporates the promotion of breastfeeding and the provision of accurate health information.

Fulfilment of these obligations is supported through the Code, which is considered by the Committee on the Rights of the Child to be a key tool to fulfil children’s rights.

Babies are extremely vulnerable and how they are fed in the first months of life can have a profound effect on their short- and long-term health. Therefore, the Code asks that all Governments legislate on this objective and prevent unregulated commercial interests that undermine child health.

Does the UK have legislation that reflects the Code?

Whilst the UK has taken steps to regulate the marketing of breastmilk substitutes, regulations are not as robust as the Code, and enforcement is inconsistent and partial, leaving violations outside the scope of formal legal action.

The Code applies to all health workers and companies, regardless of a country’s legal framework. This means that even in the absence of national legislation, both healthcare professionals and commercial entities are bound by the Code.

How does Baby Friendly uphold the Code and what does this mean for practice?

The Code provides a framework to prevent the inappropriate marketing of breastmilk substitutes, whilst the Baby Friendly standards offer a comprehensive approach to creating environments which safeguard breastfeeding and enable informed infant feeding decisions. Together, they form a robust foundation for ethical practice and policy within health and community services.

Services working towards Baby Friendly accreditation are required to adhere to the Code and must ensure that there is no advertising of infant formula, bottles, teats or solid food for babies under six months old to mothers and their families.

This requirement is intended to restrict the influence of commercial interests related to infant feeding. It does not in any way prohibit the provision of factual information about bottle feeding or introducing solid food or require that mothers who bottle feed be denied information or care. It is intended to ensure that all parents, whichever way they feed their baby, have access to accurate and effective information free from the influence of marketing campaigns designed to protect profits rather than babies.

Our guide to working within the Code has full guidance to ensure your services meet the required standards.