Infant and Follow-on Formulae Advertising Code

Infant and Follow-on Formulae Advertising Code

1 Scope

Advertising
1.1 The Infant and Follow-on Formulae Advertising Code (hereinafter: Code) applies to direct-to-consumer advertising for infant formulae and follow-on formulae within the meaning of Article 1 Dutch Advertising Code (DAC).

Explanation
This Code does not apply to products that fall under: dietary foods for special medical purposes.

This Code does not affect the provisions of the general section of the Dutch Advertising Code (DAC) and (relevant) Special Advertising Codes, such as the Code for advertising directed at children and young people and the Advertising Code for Social Media.

 

2 Definitions

2.1 For the purpose of this Code:
a. Infant formulae
Foodstuffs intended for particular nutritional use by infants during the first six months of life, and which fully meet the nutritional requirements of these infants until the introduction of appropriate complementary feeding.
b. Infant formulae based on milk or Infant milk
Infant formulae manufactured entirely from cows’ milk protein or goats’ milk protein.
c. Follow-on formulae
Foodstuffs intended for particular nutritional use by infants, when appropriate complementary feeding is introduced and constituting the principal liquid element in a progressively diversified diet of such infants.
d. Follow-on milk
Follow-on formulae manufactured entirely from cows’ or goats’ milk protein or soya protein isolates, alone or in a mixture with cows’ milk or goats’ milk proteins.
e. Zuigelingenvoeding
NOTE: the definition of ‘Zuigelingenvoeding’ is omitted in this English translation, as there seems to be no overarching term in English that covers both infant formulae and follow-on formulae.
Explanation
This Code concerns infant formulae and follow-on formulae intended for the normal healthy infant and not any special products like dietary food products for medical use in infants.
f. Claim
Any message or designation that is not mandatory under Community or national legislation, including pictorial, graphic or symbolic representation, in any form, that states, suggests or implies that a food has particular characteristics.
g. Nutrition claim
A nutrition claim within the meaning of (EC) Regulation No. 1924/2006.
h. Health claim
A health claim within the meaning of (EC) Regulation No. 1924/2006.
Explanation
(EC) Regulation No. 1924/2006 distinguishes between specific and non-specific health claims. References to general, non-specific benefits of the nutrient or foodstuff for overall good health or health-related well-being may only be made if they are accompanied by a permitted, specific health claim.
i. Children’s claim
Claims within the meaning of (EC) Regulation No. 1924/2006 relating to children’s development and health.
j. Reduction of disease risk claim
A claim within the meaning of (EC) Regulation No. 1924/2006 that states, suggests or implies that the consumption of a food category, a food or one of its constituents significantly reduces a risk factor in the development of a human disease.
k. Infants
Children under the age of twelve months.
l. Toddlers/Young children
Children aged between one and three years.
m. Health Care Professional
Independent persons having qualifications in medicine, nutrition or pharmacy, or other professionals responsible for maternal and child care.
n. Food business operator
Enterprise, both public and private, active, for profit or non-profit, in any stage of the production, processing and distribution of food products.
o. Complementary feeding
Complementary feeding is understood to mean food products complementing breast-feeding and/or bottle-feeding.

 

3 Preventive check

3.1 The Advertising Code Committee takes into account any valid admission number issued by the Inspection Board (KOAG/KAG) on the basis of its articles of association.
Explanation
All communications for infant formulae and follow-on formulae directed at the consumer can receive an admission stamp from the KOAG/KAG on the basis of the Code of Conduct for Infant and Follow-on Formulae. This regards the admission number that is granted after approval of the communication, and that can be included in the communication.

 

4 Advertising ban on infant formulae

4.1. Infant formulae
Advertising of infant formulae aimed at the consumer is prohibited.

4.2 Price reductions, samples and promotional gifts
It is not permitted to offer any free or low-priced products, samples or other promotional gifts of infant formulae, directly or indirectly via the health care system or persons working in it (i.e. health care workers), to the general public or to pregnant women, mothers or members of their family.

4.3 Points of Sale
Point-of-sale advertising and any other initiative to induce sales of infant formulae directly to the consumer at the retail level, such as special displays, discount coupons, premiums, special sales, loss- leaders and tie-in sales are prohibited.
Explanation
Retail sales also refer to sales via the internet, such as online shops.

Merely presenting packages of infant formulae on the retail shelf or in an online shop does not fall under the advertising ban referred to in Article 4.1. Any other exhibition of products for infant formulae, e.g. in a display, shop-window, on a counter or at a consumer fair is prohibited.

The claim “(re)new(ed)” in the case of infant formulae is permitted provided it is only informative and not promotional. Therefore it is not permitted on the front of a label for infant formulae. Where possible, “new” (nieuw) should be specified by explaining what is “(re)new(ed)”. For instance, “renewed composition” (vernieuwde samenstelling). See also Article 5.16.

4.4 The presentation of infant formulae at an online shop must be accompanied by an image of the packaging and all the information stated on the corresponding label.

 

5 Advertising for Follow-on Formulae – General Requirements

5.1  Minimum advertising requirements
Advertising of a product for follow-up formulae shall include in any case:
a.                 the name of the product;
b.                 the nature of the product.
Explanation
When using umbrella brands for infant and follow-on formulae it should be clear that it concerns follow-on formulae.

5.2 Breastfeeding discouragement
Advertising of follow-on formulae should not stop or discourage consumers from breast-feeding. The use of terms such as “humanised” (gehumaniseerd), “maternalised” (gematerniseerd) or “adapted” (aangepast) is prohibited.|
Explanation
The information should never imply, or create a belief that bottle-feeding is equivalent or superior to breastfeeding. Therefore, all statements that involve a comparison with breast milk (mother’s milk) are prohibited. Examples include: “inspired by breast milk” (geïnspireerd door moedermelk), “protecting effect of breast-feeding” (beschermde werking van borstvoeding) and “contains nutrients that also occur in breast milk” (bevat voedingsstoffen die ook in moedermelk voorkomen).

5.3 Prohibition of misleading practices
Misleading advertising of follow-on formulae is prohibited. The characteristics and effectiveness of the product must not be exaggerated.
Explanation
In (EU) Regulation No. 1169/2011, Article 7(1)(c) specifically states that it is unfair (misleading) in all cases: to suggest that the food possesses special characteristics when in fact all similar foods possess such characteristics, in particular by specifically emphasizing the presence or absence of certain ingredients and/or nutrients.

5.4.1 Recognisability and design
Advertising of follow-on formulae must be clearly recognizable as such, by virtue of its lay-out, presentation, content or otherwise, taking into account the public for which it is intended.

5.4.2  Advertising of follow-on formulae shall not show children who are younger or evidently appear to be younger than 6 months.

5.5  Law and Good taste and decency
Advertising of follow-on formulae shall be in accordance with the law and shall comply with the applicable standards of good taste and decency, both in terms of presentation and text, which shall be taken into account both in respect of the persons targeted by the advertising and industry partners.

5.6 Threat
Advertising of follow-on formulae that constitutes a threat to mental and/or physical health is prohibited.

5.7 Fear
Advertisements that arouse feelings of fear are prohibited.
Explanation
This also includes acting on and/or exploiting possible fears that breastfeeding might contain insufficient nutrients.

5.8 Understandable language
Advertising of follow-on formulae shall be expressed in language understandable to laypersons. Any medical and scientific terminology should be avoided, in order to prevent confusion or ambiguity.
Explanation
If scientific terminology is used, it shall be explained as much as possible. The terminology should be tailored to the target group/recipient and preferably correspond to the terminology used on the labelling.

5.9 Conflict with packaging text
An advertisement shall not conflict with the information and the instructions for use on the packaging of the product for follow-on formulae.
Explanation
The use of health and nutritional claims of nutrients that on the ground of composition are required by law shall be accompanied in advertisements by the statement that all follow-on formulae contain this nutrient.

In the case of fleeting (brief/short lived) media, such as radio advertising or relatively small messages, such as a mini-ad in a retail leaflet or a moving banner, the following statement may be used: “please read the (information on the) packaging (before buying)” (lees (voor het kopen) de (informatie op de) verpakking).

5.10 Refund
Reference to the fact that follow-on formulae may be reimbursed/refunded on prescription is prohibited.

5.11 Recommendation
In an advertisement for follow-on formulae, no reference should be made to a recommendation by healthcare professionals or other persons known to the public who could stimulate/encourage the use of follow-on formulae on account of their reputation.
Explanation
In addition to healthcare professionals, this involves persons who, although not healthcare professionals themselves, do enjoy some level of consumer confidence, for example actors known for a specific doctor’s part/medical role or persons with much authority and influence in the field of science, health and maternal and child care.

5.12 Testimonials
Testimonials shall be a true reflection of the opinion or experience of the user (not being healthcare professionals or other persons known to the public) and shall not include any comparisons of the situation before and after use of follow-on formulae.

Explanation
‘Persons known to the public’ are persons who, although not healthcare professionals themselves, enjoy some level of trust from the public, for example actors known for a specific part/role as a healthcare professional or persons with much authority and influence.

5.13 Comparison
In an advertisement, the advertiser of follow-on formulae shall not denigrate other products, services, or ideas. Any implicit or explicit comparison with other follow-on formulae shall be demonstrably correct and shall not detract from/depreciate the value of those products. The following conditions also apply to comparisons:|
a.      no use of brand names;
b.      it must concern comparable products;
c.      the comparison shall relate to all relevant characteristics;
d.      the comparison shall not be misleading in any other sense.

5.14 New
In advertisements, products for follow-on formulae may only be designated as new during the first 2 years following its launch and only if the designation is made in conjunction with the name of the product.
Explanation
Where possible “new” should be specified by explaining what is “(re)new(ed)”. For example, “renewed composition” (vernieuwde samenstelling). See also the explanation of Article 4.3 for the designation “(re)new(ed)” on the label of infant formulae.

5.15.1 Use of health claims     
Only children’s claims that are permitted under the EU Regulation 1924/2006 on nutrition and health claims shall be used provided that all conditions for the use of the claim are fulfilled.
A health claim for a nutrient that is legally required as part of the composition for follow-on formulae must be accompanied by the statement that all follow-on formulae contain this nutrient.

5.15.2 When referencing a children’s claim, all other provisions of the EU Regulation 1924/2006 on nutrition and health claims shall also be complied with.
Explanation
For instance, the claims shall not be false/inaccurate, ambiguous or misleading, the average consumer should be expected to understand the beneficial effects as expressed in the claim, and the claims should concern the product ready for consumption.

5.16 Use of nutrition claims     
For nutrition claims, defined in Article 2(4) of EU Regulation 1924/2006 on nutrition and health claims (Claims Regulation), the criteria on which the claim is based must be met, as laid down in the annex to the Claims Regulation.
A nutrition claim for a nutrient that is legally required as part of the composition for follow-on formulae must be accompanied by the statement that all follow-on formulae contain this nutrient.

 

6 Labelling Conditions

6.1 Labelling Conditions – General

6.1.1 Identification
Infant formulae and follow-on formulae shall be labelled in a manner that consumers can clearly distinguish these products from each other and confusion is avoided.

6.1.2 The designation “infant formulae” (volledige zuigelingenvoeding) and “follow-on formulae” (opvolgzuigelingenvoeding) must be clearly legible on the front of the label.
If the infant formulae and follow-on formulae have been entirely manufactured from cows’ milk protein or goats’ milk protein, this designation shall be: “milk-based infant formulae” (volledige zuigelingenvoeding op basis van melk) or “infant milk” (zuigelingenmelk ) and “follow-on milk” (opvolgmelk) respectively.
Explanation
It shall enable consumers to make a clear distinction. The distinction must be clearly visible, in particular as to the text, images and colours used. The full layout is decisive.

It is permitted to state on products for infant formulae that from 6 months onwards follow-on formulae is also available, provided this is not worded in an promotional manner.

6.1.3 Composition
Labels for infant formulae and follow-on formulae shall state:
– The available energy value, proteins, carbohydrates and fats, for each 100ml product ready-for-use;
– The average quantity of vitamins and minerals per 100ml product ready-for-use.

6.2 Labelling Conditions – for Infant Formulae
A label for infant formulae shall include the following:

6.2.1 Breastfeeding  
Preceded by the words “Important Notice” (belangrijk) or an equivalent: a statement concerning the superiority of breastfeeding.

6.2.2 Decision before use      
A recommendation that the product shall only be used on the advice of a healthcare professional, preceded by the words “Important Notice” (belangrijk) or an equivalent.

6.2.3 Suitability       
A statement that the product is specifically suited to be used as formulae for infants from birth on, if they are not breastfed.
Explanation
An additional statement that the product can also be used simultaneously/in combination with breastfeeding on the advice of a healthcare professional may be included on the label.

6.2.4 Instructions for use   
Instructions for appropriate preparation, storage and disposal of the product and a warning against the health hazards of inappropriate preparation and storage.

6.2.5 Stopping breast-feeding  
The information on the label shall not, in any way, stop or discourage women from breastfeeding. Use of terms like “humanised” (gehumaniseerd), “maternalised” (gematerniseerd) or “adapted” (aangepast) is prohibited.
Explanation
The information shall never imply or create a belief that bottle-feeding is equivalent or superior to breastfeeding. Therefore all statements involving a comparison with breast milk are prohibited. Examples include: inspired by breast milk, copy of breast milk, protecting effect of breastfeeding, and includes nutrients that also occur in breast milk.

6.2.6 Not idealising   
The label shall not include pictures of infants, nor shall it comprise any other pictures or text, by which the use of the product could be idealised. Graphic pictures are allowed for the purpose of making the product easily identifiable and to illustrate the preparation method.
Explanation  
When controlling for idealising, pictures or text shall not imply or create a belief that bottle-feeding is equivalent or superior to breastfeeding.

6.2.7 Use of nutrition and health claims
Nutrition and health claims shall not be made on infant formula.
Explanation
Only the following statements are permitted on infant formula:
·        “lactose only” (bevat uitsluitend lactose), provided lactose is the only carbohydrate present in the product;
·        “lactose-free” (lactosevrij), provided the lactose content in the product is not greater than 2.5 mg/100kJ;
·        “contains DHA (as required by the legislation for all infant formula)” may only be used for infant formula placed on the market before 22 February 2025.

When the statement “lactose free” is used for infant formula manufactured from protein sources other than soya protein isolates, it shall be accompanied by the statement “not suitable for infants with galactosaemia”, which shall be indicated with the same font size and prominence as the statement “lactose free” and in close proximity to it.

In view of the definition of nutrition claim, prohibited is any claim that states or implies that a product has beneficiary nutritional characteristics that cannot be attributed to nutrients or any other substances contained in the product. An example is “contains all important nutrients that your baby needs” (bevat alle belangrijke voedingstoffen die je kindje nodig heeft). The latter claim is also misleading, because the law prescribes what nutrients should be present in infant formulae. In other words: all infant formulae contain all the nutrients your baby needs. And so, such a claim is also prohibited under Regulation 1169/2011 Article 7(1)(c).

All health claims are prohibited, including references to general, non-specific benefits of the product for the health or well-being of the infant.

6.2.8 Other statements
Other statements about optional ingredients that fall outside the scope of (EC) Regulation No. 1924/2006 shall not have a promotional nature. These statements should be stated separately from any statements regarding lactose and DHA.

6.3 Labelling Conditions – for Follow-on Formulae

The following elements must be stated on a label for follow-on formulae:
a.      Suitability
A statement that the product is only suitable for specific purposes as nutrition for infants over the age of six months.
b.      Part of a diversified diet
A statement that use of follow-on formulae shall merely be a part of a diversified diet.
c.      Breast milk substitute
A statement that follow-on formulae shall not be used as a substitute for breast milk during the first six months of life.|
d.      Decision before use
Statement that the decision to start with complementary feeding, possibly also in the first six months of life, shall only be taken following the advice of a healthcare professional, based on the individual infant’s specific growth and development needs.
e.      Instructions for use
Instructions for appropriate preparation, storage and disposal of the product and a warning against the health hazards of inappropriate preparation and storage.

6.3.1. Stopping breastfeeding
The information on the label shall not, in any way, stop or discourage consumers from breast-feeding. The use of terms such as “humanised” (gehumaniseerd), “maternalised” (gematerniseerd) or “adapted” (aangepast) is prohibited.
Explanation
The information shall never imply nor create a belief that bottle-feeding is equivalent or superior to breastfeeding. Therefore all statements involving a comparison with breast milk are prohibited. Examples include: inspired by breast milk, copy of breast milk, protecting effect of breastfeeding, and includes nutrients that also occur in breast milk.

6.3.2 Not idealising   
The label shall not include pictures of infants, nor shall it comprise any other pictures or text, by which the use of the product could be idealised. Graphic pictures are allowed for the purpose of making the product easily identifiable and to illustrate the preparation method.
Explanation
When controlling for idealising, pictures or text shall not imply or create a belief that bottle-feeding is equivalent or superior to breastfeeding.

6.3.3. Use of health claims      
Only children’s claims that are permitted under the EU Regulation 1924/2006 on nutrition and health claims shall be used provided that all conditions for the use of the claim are fulfilled.
A health claim for a nutrient that is legally required as part of the composition for follow-on formulae must be accompanied by the statement that all follow-on formulae contain this nutrient.
Explanation
When referencing a children’s claim, all other provisions of the EU Regulation 1924/2006 on nutrition and health claims shall also be complied with. For instance, the claims shall not be false, inaccurate, ambiguous or misleading, the average consumer should be expected to understand the beneficial effects as expressed in the claim, and the claims should concern the product ready for consumption.

6.3.4. Use of nutrition claims
For nutrition claims, defined in Article 2(4) of EU Regulation 1924/2006 on nutrition and health claims (Claims Regulation), the criteria on which the claim is based must be met, as laid down in the annex to the Claims Regulation.
A nutrition claim for a nutrient that is legally required as part of the composition for follow-on formulae must be accompanied by the statement that all follow-on formulae contain this nutrient.

6.3.5 Statements regarding lactose
The following statements are permitted on follow-on formula:
●               “lactose only” (bevat uitsluitend lactose), provided lactose is the only carbohydrate present in the product;
●               “lactose-free” (lactosevrij), provided the lactose content in the product is not greater than 2.5 mg/100kJ;
When the statement “lactose free” is used for follow-on formula manufactured from protein sources other than soya protein isolates, it shall be accompanied by the statement “not suitable for infants with galactosaemia”, which shall be indicated with the same font size and prominence as the statement “lactose free” and in close proximity to it.

6.3.6. Other statements
Other statements about optional ingredients that fall outside the scope of (EC) Regulation No. 1924/2006 should be stated separately from the statements permitted under (EC) Regulation No. 1924/2006 and (EU) Regulation No. 2016/127.

 

This code enters into force on 15 July 2020.