Checks and Balances in the Global Economy: Using International Tools to Stop Corporate Malpractice - Does it Work?

This is to inform you that IBFAN's new report Checks and Balances in the Global Economy: Using International Tools to Stop Corporate Malpractice - Does it Work? is now available on the internet to download or buy.

The report was launched at the World Health Organisation Executive Board meeting in Geneva last week where the food industry was very much in evidence, not only attempting to obstruct measures on infant feeding, but also opposing action to regulate the marketing of junk food. IBFAN's experience over 20 years holding some of the world's most powerful companies to account is valuable for all campaigners. The final section of the report gives recommendations to other campaigns.

For news from the launch day go to
http://www.ibfan.org/english/news/press/press21jan04.html You will find links to download or purchase the printed report on this page.

Included below is an article based on the executive summary of the report.

If you have received this email from mikebrady@tutopia.com.br and would prefer not to receive future alerts, please reply with 'delete' as the subject.

Best wishes,

Mike Brady
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Mike Brady
Campaigns and Networking Coordinator
Baby Milk Action

Visit our website http://www.babymilkaction.org

Baby Milk Action is the UK member of the International Baby Food Action Network - IBFAN - http://www.ibfan.org

****YOU CAN NOW ORDER PUBLICATIONS AND MERCHANDISE ON-LINE****

Baby Milk Action, 23 St. Andrew's Street, Cambridge, CB2 3AX, UK.
UK contact numbers. Tel: 01223 464420 Fax: 01223 464417
International contact numbers. Tel: +44 1223 464420 Fax: +44 1223 464417
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The following article first appeared on the One World site at
http://www.oneworld.net/article/view/77476

It may be reproduced in whole or part with credit to Mike Brady, Baby Milk Action and our website address on the condition a complimentary copy of the publication is sent to Baby Milk Action at the above address (or in the case of publication on a website, the URL should be emailed to mikebrady@babymilkaction.org

Can International Standards Prevent Corporate Malpractice? The Case of Baby Food

Mike Brady

23 January 2004

Globalization is sometimes portrayed as a recent phenomenon. Yet over 100 years ago the baby food industry was already an international business, with Nestlé exporting cereal milk food to Latin America and the Dutch East Indies, and soon afterwards opening factories in target markets.

Over 60 years ago health campaigners began to notice the impact on health of the aggressive promotion of breastmilk substitutes. More than 20 years ago the International Baby Food Action Network (IBFAN) was formed, bringing together campaigners working to control the marketing of breastmilk substitutes.

Two years later, in 1981, their tool, the International Code of Marketing of Breastmilk Substitutes, was adopted by the World Health Assembly (WHA). This was the first attempt to regulate an entire industry sector at global level..

Industry undermines the Code¹s provisions

The Code bans all promotion of breastmilk substitutes, feeding bottles and teats, and sets out requirements for labelling and information on infant feeding. Any activity which undermines breastfeeding violates the aim and spirit of the Code. The Code and subsequent WHA Resolutions are intended as a minimum requirement in all countries.

Advertising to the public is banned. Free samples cannot be given to members of the public or free supplies to health facilities. Companies are limited to providing scientific and factual information to health workers and must provide important information and warnings on product labels in the appropriate language.

Despite the WHA¹s adoption of the Code, however, the industry has continued to attempt to use its economic and political influence to undermine the provisions. In response, IBFAN has effectively counterbalanced the power of some of the world's largest companies as they have lobbied at the WHA and country by country.

Sometimes the industry has been victorious, and the regulatory route has been set aside in favour of ³voluntary codes². Sometimes the health advocates have won, bringing in strong regulations, even criminal law with powers of imprisonment.

The IBFAN report

The baby food issue has long been a case study for those working to achieve international standards and corporate accountability. Now IBFAN has published its report, Using International Tools to Stop Corporate
Malpractice: Does it Work?, on how effective the Code and subsequnet, relevant Resolutions have been.

IBFAN asked campaigning groups in Belgium, Bolivia, Brazil, India, Kenya, Mexico and the UK to look back over the history of infant feeding, ask what went right and what went wrong, and make recommendations.

The report give a strong sense of the realities faced by campaigners on the ground, confronted on the one hand with the needless illness or death of their neighbours¹ children and on the other with powerful companies for whom profit often appears to count more than human welfare.

As the report shows, it has taken concerted marketing activity over decades to create bottle-feeding cultures. Now in mature markets, such as Belgium and the UK, bottle-feeding is seen almost as a lifestyle - rather than a health - choice.

Even in countries where breastfeeding predominates, such as Bolivia and Kenya, baby food marketing messages cause mothers to doubt their ability to breastfeed. A surprising number use feeding bottles, often with unsuitable substances inside them.

The case study countries represent a variety of types of implementation.
India has a strong law, with non-governmental organizations sanctioned to file cases in the courts. Brazil¹s strong law is enforced by a health inspectorate and consumer protection bodies.

Belgium and the UK have followed policies adopted by the European Union, which has introduced only some aspects of the Code and Resolutions in regulations.

Bolivia, Kenya and Mexico have all principally followed the route of voluntary codes of conduct agreed with the industry.

In all countries the industry has lobbied for narrow implementation of the Code and Resolutions, preferably as a voluntary code, rather than as binding legislation. It has tried to influence government policy-setting with tactics such as sponsoring the research on which policy is based and the health worker bodies represented on government committees.

Where industry has failed, this is in large part due to the work of NGOs in monitoring and exposing company marketing activities and raising awareness of the need for strong measures, taking the Code and Resolutions as minimum requirements.

In India and Brazil legislation has been progressively strengthened to give broad protection.

Within the EU calls from the health lobby and the European Parliament have brought about some changes to the policies of the unelected European Commission but not full implementation of the Code and Resolutions.

In Belgium and the UK industry arguments for deregulation won out over health concerns. In Mexico, Bolivia and Kenya governments have also followed the industry line.

Violations

As might be anticipated, the IBFAN report shows the nature and spread of violations of the Code and Resolutions differ substantially, depending on the national regulations and efforts taken to expose violations.

India's strong laws have stopped much of the promotion of breastmilk substitutes. But companies are aggressively promoting complementary foods, something now banned by the latest legislation introduced in 2003.

Brazil has less violations than most countries, though inappropriate promotion of whole-milks and sponsoring of health worker bodies are particular concerns.

The authorities in Belgium and the UK take what action they can but are constrained by narrow legislation and lack of resources.

Bolivia¹s voluntary code is being made to work to some extent by the IBFAN group1s monitoring and exposure of malpractice.

Mexico, with its voluntary code and strong industry lobby, is awash with violations such as free supplies of breastmilk substitutes in hospitals.

In Kenya companies use problems such as HIV and national emergencies to push breastmilk substitutes and promote to mothers through the health care system.

Where advertising and promotion of breastmilk substitutes, feeding bottles and teats are prohibited, and breastfeeding is actively promoted, year-on-year increases in breastfeeding rates are being achieved. This leads to reduced infant mortality and morbidity.

In Brazil, for example, rates of exclusive breastfeeding at 4 months of age have been increasing at 4% per year. In Kenya, where the industry has little market but aggressively promotes all the same, breastfeeding rates are declining.

Achieving checks and balances

Overall, the IBFAN report shows that the development and implementation of codes of conduct may divert energy into measures that will ultimately prove ineffective. In many cases, from the viewpoint of ordinary citizens, this has been a bitter experience.

Legislative routes to consumer protection are potentially more effective, if they are independently monitored and enforced.

As the report concludes - whether it comes to protecting the health and lives of infants, or in any other field where the public need protection from corporate malpractice ­ our strategy should include campaigning for and achieving science-based international standards; working for their implementation at national level; then resolutely monitoring them to ensure that they are followed; and ensuring that loopholes and weaknesses in the standards are effectively addressed.

Achieving checks and balances on some of the world¹s most powerful corporations does not come about by accident. It takes dedicated campaigning. Sometimes over decades.

 

 

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