The document entitled "International Code of Marketing of Breast-milk Substitutes" (ISBN 92 4 154160 1), reprinted several times, is published and distributed in the same form today as in 1981 by WHO. The document includes an Introduction, a Preamble, 11 Articles and 3 Annexes.

" The Aim of the Code is to contribute to the provision of safe and adequate nutrition of infants, by the protection and promotion of breastfeeding, and by ensuring the proper use of breast-milk substitutes, when these are necessary, on the basis of adequate information and through appropriate marketing and distribution."

Nestlé universally follows all countries' implementation of the WHO Code.

Nestlé's Instructions on implementation of the WHO Code

Our decision, more than two decades ago, to voluntarily and unilaterally apply the WHO Code in all developing countries and regions was due to the fact that the economic, social and hygienic circumstances in most of those countries differs substantially from the situation in developed countries like the US or the EU countries. In developing countries and regions where there is no local code in place, or if the local legislation is less strict or precise, we implement the WHO Code. Otherwise, the local measures apply.

The Nestlé Instructions, on implementation of the WHO Code, were issued in 1982 and reviewed and refined in 1984 in consultation with WHO, UNICEF and the International Nestlé Boycott Committee. As a result the International Nestlé Boycott was terminated, as there was a clear agreement by both INBC and Nestlé that our policies were in line with the Code.

Implementation and monitoring of the WHO Code

Nestlé recognizes that the WHO Code, as well as subsequent World Health Assembly resolutions are global in the sense that they are recommendations to all WHO's Member States. This is clearly stated in WHA Resolution 34.22, which includes the WHO Code and was adopted in 1981 (1).

Resolution 34.22, in its recommendation to governments, also stresses that they have the full sovereignty to implement the WHO Code as they find appropriate to their social and legislative framework. It also mentions that the adoption of the International Code of Marketing of Breast-milk Substitutes is "a minimum requirement and only one of several important actions required in order to protect healthy practices in respect of infant and young child feeding."

This position was reiterated and reinforced in a statement by the WHO Director General Gro Harlem Brundtland (2), to advocacy and industry NGOs in meetings held in November 1998.

Thus Nestlé supports all governments in their efforts to implement the Code and set up official Code monitoring bodies, as it provides clarity for us and better ensures that all companies, engaged in manufacturing, commercialization and/or distribution of breast milk substitutes, meet the same marketing standards.

The WHO Code in Article 11 deals with "Implementation and monitoring", and makes clear that governments have the responsibility to implement the Code as they find appropriate to the local circumstances. In this article of the WHO Code (3), Companies are also asked to monitor their marketing practices and NGOs, professional groups and individuals concerned are called to draw the attention of manufacturers or distributors to activities which are incompatible with the principles and aim of the Code.

Neither WHO nor any WHO Member State, as far as we are aware of, has interpreted this to mean that companies are to follow two standards: the governments' decision on how to implement the WHO Code (e.g. the EU directive) and the WHO Code as interpreted by other parties, such as the ICDC Code interpretation made by IBFAN.

The Scope of the WHO Code.

The WHO Code, in its Article 2, "Scope of the WHO Code", clearly defines which products it applies to:

" The Code applies to the marketing, and practices related thereto, of the following products: breast-milk substitutes, including infant formula; other milk products, foods and beverages, including bottle-fed complementary foods, when marketed or otherwise represented to be suitable, with or without modification, for use as a partial or total replacement of breast milk; feeding bottles and teats..."

The Code itself states that it applies to complementary foods only if specifically marketed as breast-milk substitutes. This is also clarified in the WHO International Code publication, contained in the integrated explanatory statement (Annex 3) (4) by the Chairman of the WHO Executive Board, read to the delegates of the World Health Assembly in 1981, upon which the delegates voted. This important clarification on the Scope of the Code was part of the approval by the WHO Member States and has not been changed since 1981. The explanation reflects the intent of the drafters of the WHO Code; we do not find it correct to neglect the intention of the drafters or of the country delegates who voted. Neither do we accept the view that this Annex has become 'out of date' or should be considered as 'historical', as some groups try to describe it.

According to our instructions, Nestlé applies the WHO Code to all infant food products being marketed or otherwise represented as a breast-milk substitute, suitable for infants below 6 months of age. In addition we apply it to follow-on formula, which is intended from 6 to 12 months. i.e. we apply the Code to all infant formula products that bear the same brand name as the starter formula.

However WHO has made clear that follow-on formula does not fall within the Scope of the Code (5). To our knowledge Nestlé is the only infant formula manufacturer that extends the Code application beyond starter formula.

Nestlé complementary foods are not marketed or presented as breast-milk substitutes

Introduction of Complementary foods

In May 2001 the World Health Assembly adopted a new resolution on "Infant and young child nutrition" (Resolution 54.2) (6), which recommends mothers to exclusively breastfeed their babies for the first 6 months, then introduce safe and appropriate complementary foods with continued breastfeeding for a period of up to two years or beyond. This new recommendation replaced the existing one of exclusive breastfeeding up to a period of 4 - 6 months. Nestlé immediately took the decision to unilaterally implement those changes in countries and regions where we voluntarily apply the WHO Code.

Thus we have completed label changes on infant formula and complementary foods, like infant cereals. During a transition period old labels can, in rare cases, still be found on the shelves.

We do not know of any other infant food manufacturer having taken a similar step

Nestlé monitoring initiatives

At Nestlé, we believe governments carry out the only legitimate interpretation/implementation of the WHO Code and therefore the only legitimate monitoring is based on national measures taken to implement the Code. We fulfill our obligations by monitoring our marketing activities according to national measures or (if such measures do not exist) the WHO Code and our Instructions to implement it.

Nestlé takes its monitoring responsibilities seriously and have implemented various procedures in order to do our best to ensure Code compliance. These include:

• Detailed instructions on WHO Code implementation;

• Education and training of our staff;

• Regular audits of our marketing practices relating to infant formula;

• Responding to requests from health authorities for assistance towards promotion of breastfeeding and raising Code awareness;

• Seeking governments' examination of our Code compliance;

• An internal ombudsman scheme was put into place in 2002, allowing any Nestlé employee to raise concerns about Code compliance in a confidential way, outside of line management;

• Finally, Nestlé is the largest private distributor of the official WHO Code in the world.

Nestlé has absolutely no interest in trying to avoid its responsibility in complying with the WHO Code. We therefore also appreciate having immediate and detailed information about any perceived non-compliance with the WHO Code in order to investigate and to take prompt remedial action if found substantiated.

Supporting documents
- the "International Code of Marketing of Breast-milk Substitutes"
- "Nestlé International (WHO) Code Action Report", edition 6
- "Nestlé Corporate Business Principles"
- "Infant Feeding in the Developing World"