The International Code of Marketing of Human Milk Substitutes requires appropriate actions to enforce its principles and objectives, including the adoption of national laws and regulations or other relevant measures. All actions should be made public. Since the code is a minimum requirement, governments can adopt additional measures - potentially more stringent than those set out in the code - and make them legally binding.
The most effective measure to regulate the improper marketing of human milk substitutes and other products within the scope of the code is to have comprehensive and enforceable legislation covering all the provisions of the code and subsequent relevant World Health Assembly resolutions.
- Governments should take the necessary actions to enforce the code, also considering subsequent World Health Assembly resolutions. In its resolution approving the code, the World Health Assembly urged Member States to incorporate it into laws, regulations or other appropriate instruments applicable nationwide.
- While governments must take responsibility for taking action to enforce the international code, food manufacturers and vendors, health care professionals, non-governmental organizations and consumer associations must also do their jobs. Non-governmental organizations, professional associations (including health professionals) and other relevant stakeholders have a responsibility to hold manufacturers and distributors of breast-milk substitutes accountable for code infringement. In addition, they should report any violations identified to the relevant government agencies.
- Manufacturers and vendors of breast-milk substitutes must comply with the code “irrespective of any other measures taken for its implementation”. This means that even if governments have not fully incorporated the code into national legislation, it is binding for manufacturers and vendors.
