Formula for deception: Corporate violations and State negligence; Labelling and advertising in breast-milk substitutes in Argentina

Abstract

The protection of breastfeeding is a human rights issue. It is closely related to the right that babies and mothers have to the highest attainable standard of health, to adequate nutrition and to reliable information. Argentina has incorporated the “International Code of Marketing of Breastmilk Substitutes” into different regulations in a partial and fragmentary manner, being considered a country “with some provisions of the Code included”.This article is intended to present an assessment of the level of compliance with the rules currently in force in Argentina by corporations as well as by state agencies responsible for enforcement and supervision, focusing on labelling and advertising aspects. The study comprised two different methods for data collection. First, labels found on containers of infant formulas and modified milks for children were collected and analysed according to NetCode Protocol for periodic assessments. Second, ads in digital ecosystem were collected and a content analysis of texts and images was performed.The packages of 54 types of breastmilk substitutes were photographed and examined. 100% of the examined labels of substitutes were in violation of the national rules and regulations and the provisions set forth in the Code. The most frequent reasons were nutrition and/or health claims or declarations, imagery and language idealizing the use of the product, and invitations to make contact with the company. Regarding mandatory texts or designs, violations included the omission, modification, and font size or position that minimizes their presence.In relation to advertising, a database of 440 Instagram and Facebook ads was created. The most profusely advertised products were modified milks for children from 1 year of age, marketed with a figure ‘3’, which constitutes a way of cross-promoting all the line-products. In addition, it was documented that the state agencies involved in approval and control of product labelling and the supervision of advertising either accepted or did nothing about companies’ violations. Moreover, the channels to file complaints were fragmented and usually non-responsive.All of this constitutes a “formula for deception”, an abusive marketing environment. Therefore, currently the major imperative is for Argentina to immediately apply the existing regulations, and to monitor and penalize violations. In the longer term, it is necessary to design a comprehensive law that covers all the provisions of the Code.