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IBFAN – International Baby Food Action Network
WHO discusses the regulation of digital marketing of breastmilk substitutes at the 156th Executive Board Meeting
EB156 | Geneva, Switzerland | 3–11 February, 2025
Brazil is leading countries like Mexico, Norway, and Lesotho in an initiative at the World Health Organization (WHO) to curb abusive digital marketing practices targeting breastmilk substitutes.
Digital marketing is fast becoming the predominant source of exposure to promotion of baby feeding products globally. In 2022, WHO’s report on digital marketing of breast-milk substitutes described its cross border extent and power. It is now totally out of control and parents and carers everywhere are targeted by paid ‘influencers’ and other deceptive schemes with information that undermines WHO and national health recommendations and disempowers parents.
The Guidance on regulatory measures aimed at restricting digital marketing of breastmilk substitutes published in November 2023, followed WHO’s usual strict procedures and a comprehensive review of evidence that was provided to the 75th WHA in 2022. 65 Member States and Civil Society Organisations responded to an open public consultation that took place in September 2023. ii
The Guidance aims to help Member States tackle a problem that was not envisaged when the International Code of Marketing of Breastmilk Substitutes was adopted in 1981, and the issue of Digital Marketing demonstrates the continuing need for biennial reporting to the WHA – the world’s highest health policy setting body. 20 WHA Resolutions and Decisions have been adopted since 1981 that have updated the Code in line with marketing and scientific developments.
Brazil and Mexico, supported by Armenia, Bangladesh, El Salvador, Panama, Peru, Sri-Lanka tabled a zero draft Resolution Regulating the digital marketing of breast-milk substitutes in November. Since then, Chile, Slovakia, Norway, Vanuatu and Lesotho have added their names.
Member States have had three meetings to discuss the Draft (29 Nov, 16 Dec and 9th January). We expect the new draft to be debated at the 156th Executive Board under Item 14. Global Strategy for Women’s, Children’s and Adolescents’ Health.
See:
Proposed resolutions
Members of the Executive Board
Chair and Officers of the Board
If approved by the 156th Executive Board (3-11th February 2025) it will go forward to the 78th World Health Assembly (May 19- 27, 2025). (draft agenda)
IBFAN is also supporting a Resolution calling for an extension of the Nutrition targets. For previous Blogs Click HERE and HERE
Why a Resolution is needed and how it can be done
Here is a summary of some important points raised by UNICEF during the webinar:
- The core of the prohibited marketing practices of the Code now exist in the digital space.
- Digital marketing has more actors across the supply chain (social media platforms, online advertisers, internet service providers etc – not just product producers and distributors.
- So governments must articulate specific implementation and enforcement mechanisms into their legislation, specifying legal duties of compliance to the appropriate actors.
- There is no need for governments to expend significant resources to enforce every violation. The other actors in the digital supply chain have control over monitoring the content on their platforms and in many countries already do so for other regulated marketing practices and products such as pharmaceutical, tobacco, alcohol as well as intellectual property infringements etc. The approach set out in the WHO Guidance is not new or practically difficult to implement, but is very important to implement as soon as possible.
- The 2024 Code Status Report found that when counties included monitoring and compliance mechanisms into their laws they had higher breastfeeding rates. When they did not, breastfeeding rates were similar to those that had no legal measures at all.
Important links
FIND YOUR NATIONAL LAW on IBFAN’s Website
Garnering civil society and Member States support for a resolution on the regulation of digital marketing of baby feeding products
Panelists
Lawrence Grummer Strawn, WHO Department of Nutrition and Food Safety
– Presentation available as PDF here
Constance Ching, Alive and Thrive
Katie Pereira Kotze, UK Baby Feeding Law Group
– Presentation available as PDF here
Kathy Shats, UNICEF Legal specialist
Sonia Venancio, Coordinator of Child and Adolescent Health Care, Ministry of Health, Brazil.
– Presentation available as PDF here
Gry Hay, Special Advisor, Department of Child and Adolescent Health, Norwegian Directorate of Health.
Moderator: Patti Rundall
Introduction by: Marina Rea
IBFAN Statements
Agenda Item 24 - Issues Related to Management and Governance
Patti Rundall (IBFAN UK) – 03/02/2025
IBFAN has been a critical friend of WHO for nearly 50 years and our collaboration contributed tothe adoption of the first global consumer protection tool – a Code of Marketing that has savedmillions of children’s lives but was adopted in the face of fierce opposition from industry.
As WHO comes under attack again, corporate free NGOS such as IBFAN can help explainWHO’s relevance and why its independence, integrity and trustworthiness must be protectedfrom political and commercial influence from health harming industries. No single country couldever be trusted to defend the health needs of all countries, as WHO is constitutionally mandatedto do, so assessed contributions must be increased and all collaboration and funding screenedfor Conflicts of Interest. There is no other organisation that can do this work.
Agenda Item 6 - Universal health coverage
Anna Koronkiewicz-Wiórek (IBFAN Poland) – 05/02/2025
IBFAN strongly supports the right to access to free and adequate healthcare. However, if UHC is to be effective, strong conflicts of interest safeguards are needed to prevent health harming commercial industries hijacking the process.
For oral heath, prevention starts with optimal early years feeding: breastfeeding and the avoidance of all ultra-processed products. Companies know exactly how to process raw ingredients to achieve sweetness while claiming products are sugar free. They know that sweetness is addictive and sets up taste preferences in children.
Marketing legislation must cover all formulas and related products marketed for infants and children, including plant-based formulas and bottles and teats.
Codex is starting new work on a standard for baby foods – many are high in free sugars. Member States must pay attention and send health delegates to Codex to ensure that WHO recommendations are followed.
Agenda Item 7 - Follow-up to the political declaration of the third high-level meeting of the General Assembly on the prevention and control of NCDs
Paola Gaete (IBFAN Chile) – 05/02/2025
IBFAN participated in the development of the first Political Declaration on the prevention andcontrol of NCDs, and also many subsequent WHO Global Strategies, Reports, Guides, Tools andAction Plans.
One of the over-arching principles has always been the prevention, management and avoidanceof the undue influence and interference of health harming entities in public health policydevelopment.
Despite many references to ‘Multi Stakeholder’ engagement in the report there are no referencesto Conflicts of Interest safeguards. If the new Political Declaration on NCDs is to be genuinelybased on evidence and grounded in human rights, the original over-arching principle must not beforgotten. Otherwise its aim is likely to be derailed.
Agenda Item 15 - WHO’s work in health emergencies
Patti Rundall (IBFAN UK) – 06/02/2025
Infant mortality rises when inappropriate donations disrupt breastfeeding – a resilient practice that provides food, care and immune protection, especially in emergencies.
A new draft Codex Guideline is coming that will allow labelling exemptions in emergencies. This maybe fine for some products, but very risky for baby foods. IBFAN has documented how badly labelled ‘humanitarian donations’ are exploited to create new markets for risky products.
IBFAN is a founding member of Infant Feeding in Emergencies group, set up to ensure good coordinated emergency responses, such as re-lactation and ‘skin-to-skin’ contact that improve infant survival. With so many climate and conflict crises WHO must ensure that its emergency guidance is not influenced by commercial agendas and that food distribution does no unintended harm for mothers and children.
Agenda Item 14 - Global Strategy for Women’s, Children’s and Adolescents’ Health
Marina Rea (IBFAN Brazil) – 07/02/2025
IBFAN welcomes the draft Resolution and urges MSs to support it. It is urgently needed.
Mothers are now being bombarded by misleading information. In one click health authorityadvice is disregarded. This is serious. It has long-term consequences for child health andsurvival.
There are now 144 national laws based on International Code and when these are enforcedbreastfeeding rates improve. However, many laws do not include the 20 subsequent resolutionsthat keep pace with new marketing strategies and the ultra-processed products for children thatare causing so much harm.
There is no need for significant resources to enforce every digital violation of the Code.Governments must support the Resolution and allocate specific legal duties to the social mediaplatforms and the other actors in the digital supply chain who have control over monitoring theircontent. It is urgent that Governments support the Resolution and follow the WHO Guidance.
Agenda Item 20 - The impact of chemicals, waste and pollution on human health
Anna Koronkiewicz-Wiórek (IBFAN Poland) – 08/02/2025
IBFAN appreciates WHO’s support for the Global Plastics Treaty that is highlighting the harmful chemicals in plastics.
Prenatal and postnatal exposure to toxic chemicals can harm children’s health. In some highly contaminated areas even breastfeeding may be at risk. However, in most cases benefits of breastfeeding will be higher than harm caused by such contamination.
Breastfeeding confers immuno-protective factors to the baby and helps build the baby’s own lifelong immune system. The products and packaging for infant feeding are inherently risky and contain plastics and Endocrine Disrupting Chemicals which impact babies’ immune, reproductive and endocrine systems.
We call upon WHO to continue and increase its involvement in the Global Plastics Treaty, to develop a legally binding instrument on plastic pollution, to protect the health of all children and their environment from toxic chemicals.
Agenda Item 24.4 - Engagement with non-State actors: Report on the implementation of the Framework of Engagement with Non-State Actors
Paola Gaete (IBFAN Chile) – 11/02/2025
IBFAN recognises that WHO is under a financial crisis. This is not new and as long as Assessed Contributions are so restricted it will always be so. But using FENSA as a funding source has many reputational risks and threats to WHO’s independence, integrity and trustworthiness.
The report on FENSA lists many interactions and collaborations but contains no clarity on identities and responsibilities of the NSAs listed and no mention of conflict of interest safeguards. In our experience ‘multi-stakeholder’ collaborations with health-harming corporations, who have no democratic accountability, delay the effective action needed.
With so many crises it is more important than ever that WHO remembers its over-arching principle to prevent manage and avoid undue influence interference of private sector entities in public health policy development.
Check out the ILCA statements
Agenda item 14/24.3:
Digital marketing resolution
Agenda item 6:
Universal health coverage – Primary healthcare
Agenda item 8:
Mental health and social connection
Agenda item 7:
Prevention and control of NCDs
Agenda item 15:
WHO’s work in health emergencies
Agenda item 22:
Climate change and health
Agenda item 24.3:
Comprehensive implementation plan on maternal, infant and young child nutrition
Useful links
Speaking for Brazil, a representative stated that they intend to propose a World Health Assembly (WHA) Resolution on the digital marketing of breastmilk substitutes. Learn More
News IBFAN, BMA
February 2024
Global Breastfeeding Collective – Be prepared to advocate effectively for a comprehensive legal ban on digital marketing of breastmilk substitutes. This very brief document provides essential facts and powerful key messages to aid your discussions. Designed for brevity and clarity, this document can be downloaded, printed, shared with others, and carried with you so you’re prepared when you have the opportunity to discuss this critical issue. Learn More
ILCA, IBFAN
Digital marketing has become the dominant form of promoting formula throughout the world, yet fewer than 20% of countries explicitly prohibit promotion of breast-milk substitutes on digital platforms such as social media and websites. This brief outlines 10 key guidance recommendations from WHO, designed to support Member States in:
- Applying the Code’s provisions effectively in digital environments
- Strengthening monitoring and enforcement, including addressing cross-border marketing challenges
- Applying regulatory measures to restrict digital marketing of products that fall within the scope of the Code, as well as to foods for infants and young children that are not breastmilk substitutes
It also features a four-point Call to Action on digital marketing of breastmilk substitutes, providing actionable steps for government leaders, policy makers, and parliaments. Learn More
Global Breastfeeding Collective
Virtual Violations Detectors
VIVID is an automated solution that uses artificial intelligence and supervised machine learning to detect commercial violations on digital platforms.
This tool provides data, on violations detected from various countries globally including Argentina, Australia, Hong Kong, Malaysia, New Zealand, Nigeria, the Philippines, Singapore, the UK, the US and Viet Nam.
Some analyses publicly available.
Peer reviewed publications that have used the VIVID data:
Backholer K, Nguyen L, Vu D, Ching C, Baker P, Mathisen R. Violations of Vietnamese laws related to the online marketing of breastmilk substitutes: Detections using a virtual violations detector. Matern Child Nutr. 2025 Jan;21(1):e13680
VIVID Findings Brief: Australia. September 2023
Save the Children
Digital Marketing of Breastmilk Substitutes: How social media and influencer marketing undermine informed choice
Publication year: 2024
English
Format: PDF (1.9 MiB)
Publisher: Save the Children
Global Breastfeeding Collective
Talking Points for Advocacy Discussions on Digital Marketing
Protect families from predatory marketing online
Be prepared to advocate effectively for a comprehensive legal ban on digital marketing of breastmilk substitutes. This very brief document provides essential facts and powerful key messages to aid your discussions. Designed for brevity and clarity, this document can be downloaded, printed, shared with others, and carried with you so you’re prepared when you have the opportunity to discuss this critical issue.
Publication date:
Languages: English, Arabic, French, Spanish
LOOK WHAT THEY ARE STILL DOING
A SUMMARY REPORT ON THE MONITORING OF DIGITAL MARKETING OF PRODUCTS THAT INTERFERE ON BREASTFEEDING
With information from Baby Milk Action
