What is the WHO Code?

In 1981, the 34th World Health Assembly adopted the International Code of Marketing of Breast-milk Substitutes as a recommendation to all its Member States. The aim of the WHO Code, as stated in Article 1, is “to contribute to the provision of safe and adequate nutrition for infants, by the protection and promotion of breastfeeding, and by ensuring the proper use of breast-milk substitutes, where these are necessary, on the basis of adequate information and through appropriate marketing and distribution”.

The Code identifies breast-milk as the ideal food for healthy growth and development of babies. However, it also recognizes a legitimate market for breast-milk substitutes intended for babies who are not breastfed. It states that these products should be made available through commercial and non-commercial distribution channels but should not be marketed in any way that could undermine breastfeeding.

The WHO Code was adopted following concerns being raised from the early 1970s about declining breastfeeding rates in developing countries. Advertising of infant formula to the public was cited as one of the contributing factors. In particular, there were risks that in some regions poor economic and sanitary conditions as well as low literacy rates could result in the incorrect use of breast-milk substitutes (for example, through over-dilution).

The Code applies to products that are marketed for use as partial or total replacement of breast-milk (breast-milk substitutes). Annex 3 of the Code states that: “So long as the manufacturers and distributors of the products do not promote them as being suitable for use as partial or total replacements for breast-milk, the code’s provisions concerning limitations on advertising and other promotional activities do not apply to these products”.

How is the WHO Code implemented?

The WHO Code calls on governments to implement its recommendations taking account of their respective social and legislative frameworks, including through the enactment of legislation, regulations or other suitable measures, and to monitor its applications in cooperation with all concerned parties.

The WHO Code also recognises that manufacturers of breast-milk substitutes have an important and constructive role to play in promoting the aim of the Code and in ensuring its proper implementation. Learn more on how Nestlé implements the WHO Code.

Since the Code’s adoption in 1981, various resolutions on infant and young child feeding and nutrition were passed by the World Health Assembly. These resolutions have the same status as the Code as they are recommendations to WHO Member States. As such, they also need to be implemented by countries according to their national laws and practices.

To date, many governments have not yet promulgated legislation implementing the provisions of the WHO Code or the subsequent resolutions. Among those that have, only a very few have put in place a monitoring mechanism.

Nestlé supports efforts by governments to implement the WHO Code through legislation, regulation, or other appropriate measures as well as the establishment of government-sponsored monitoring mechanisms that help clarify national law and ensure better compliance with the Code. Learn more about Nestlé policy on WHO Code.