Update on infant formula legislation
Monday 14 January 2008
Implementation of new EU legislation on infant formula and follow-on formula for England and Wales, due to come into force on 11 January, has been suspended.
A high court judge has made the order following a legal challenge by the Infant and Dietetic Foods Association (IDFA), which represents baby milk manufacturers. IDFA has applied for a judicial review, challenging the date by which baby milk companies need to comply with the labelling requirements in the new legislation. They believe that the labelling rules should not come into effect until the beginning of 2010.
The new regulations, announced by the Department of Health and the FSA in November, introduce stricter controls on labelling and advertising of all types of formulae to ensure that breastfeeding is not undermined by the marketing and promotion of such products.
This legislation will help parent/carers to clearly tell the difference between infant formula, which can be used for the first 6 months (and beyond) and follow-on formula, which is only to be used after the age of 6 months.
Gill Fine, Director of Consumer Choice and Dietary Health at the FSA, says: 'The Government's priority is to ensure that infant and follow-on formula is clearly labelled so that parents/carers who wish to use these products can do so in the correct way. That is why we were keen that these important provisions came into force as quickly as possible and are extremely disappointed that implementation of the new rules has been suspended.
'We are extremely surprised that companies to whom we have been talking about these regulations for almost three years should decide at the last minute to apply for a judicial review.'
The suspension of the new regulations will be in place until the case has been finalised or another order granted. The court has ordered that the case should be heard before the end of February but no date has yet been set. We will provide updates when possible.
See the links below for information about the regulations and for advice on feeding options for parents or carers from the Department of Health.