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Nestlé did this because the Code's language is not in operational terminology and because we knew it could take a long time for some countries to implement the Code through national measures. |
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The Instructions were reviewed and refined in 1984 in consultation with WHO, other UN agencies and the International Boycott Committee, they were revised in 1996 (see 1994 WHA Resolution) and will be revised again when WHO makes clear policy changes. |
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In some developing countries, governments have introduced some aspects of the Code, but not others. Nestlé's policy is that, where the national implementation is weaker than our own internal rules, we implement our Instructions. |
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People often assume that we do not want governments to introduce national rules based on the Code's recommendations. This is not the case. We strongly support governments in their efforts to implement the Code, as it provides clarity for us and ensures that all companies meet the same marketing standards. |
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We also strongly support countries setting up official Code monitoring bodies, which the WHO has recommended. |
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So far only seven countries worldwide - Switzerland, the Philippines, Zimbabwe, Malaysia, Singapore, Australia and New Zealand - have set up formal monitoring bodies. Nestlé markets infant formula in all of them. Interested parties can report complaints to the monitoring bodies, who then require the companies to investigate and, if necessary, take remedial action. Nestlé welcomes such bodies because they provide clarity on national laws and help ensure better Code compliance. |
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How is the Code implemented around the world? by Beverley Mirando |
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Ideally, the WHO Code should be implemented in the same way by all governments - that would make it easier for everybody, including Nestlé. But as the Code was adopted as a Recommendation to Governments, it only becomes legally binding when translated into national rules and regulations, and governments differ in how they wish the Code to be implemented. |
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The Code was introduced to protect and promote breastfeeding and to promote safe use of infant formula when it is needed. Many such countries implemented the Code into national law in almost exactly the same form as the WHO recommendations. Others chose to implement even stricter controls on the marketing of breast-milk substitutes. |
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One such country is Sri Lanka where local legislation, the Code for the Promotion of breastfeeding and Marketing of Breast Milk Substitutes and Related Products of 1983, goes beyond the WHO Code in some ways. |
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Just as governments are free to implement as much or as little of the Code as they choose, they are also free to go beyond the scope of the Code when translating it into national law, which is what Sri Lanka did. Nestlé Lanka therefore abides by the local Code. |