Kajal Abdullah
Bangladesh enacted its first ever law regarding breast milk substitutes (BMS) to protect and promote the breast-feeding of children almost 30 years ago. The ordinance was called “Breast Milk Substitutes (Regulation of Marketing) Ordinance, 1984.” The law had some limitations and was weakening over time.
In 2013 Bangladesh Government has come up with a stricter act abolishing the previous ordinance.
This act is entitled “Breast-Milk Substitutes, Baby Foods, Commercially Manufactured Supplementary Baby Foods and Its Equipment (Regulation of Marketing) Act, 2013.” The aim of this act is to protect the children of zero to five
years of age.
The act calls for complete restriction on advertisement of breast milk substitutes, baby foods, children’s food supplements and its equipment.
Also, it authorises the government to form a nine member national advisory committee headed by a chairman to ensure implementation of the law.
Breast milk substitutes, baby foods, and commercially manufactured supplementary baby foods
According to the law, breast milk substitutes refer to any food which is represented as a partial or total substitute to breast milk for the infant up to six months of age.
Whereas baby foods refer to any food for the children more than six months of age which is represented as partial or total substitute to breast milk. On the other hand, commercially manufactured supplementary baby foods refer to any additional food which is manufactured commercially for the kids aged six months to five years.
Equipment of BMS and Baby foods
It refers to the equipment which is used in feeding breast milk substitutes, baby foods and supplementary baby foods such as feeding bottles, teats etc.
Registration is a must
Section 5 of this act prohibits import, manufacture, sale and distribution of food supplements for children without prior registration under Institute of Public Health and Nutrition (IPHN), Bangladesh. Section 10 authorises the director of IPHN to give registration of breast milk substitutes, baby foods, and commercially manufactured supplementary baby foods. Such registration is for three years and is renewable after expiration.
Cancellation of registration
Section 11 deals with cancellation of registration. The director of IPHN can cancel the registration for breast milk substitutes, baby foods, and commercially manufactured baby food supplements with a prior notice of fifteen days, if the concerned party gives false information while getting registration or violates any provision of the act.
No advertising to public
This is the quintessence of this act. According to section 4, following activities will be considered as violation of the law if done by any manufacturer or representative of breast milk substitutes, baby foods, supplementary baby foods, and its equipment with a view to promoting their products:
Display, distribute, exhibit, publish, or advertise in any form to public (especially to the people related to health, nutrition and education sector).
Offer any kind of promotional package like free products, discount, gifts, etc for the purpose of selling or marketing.
Organise or support any event, programme, and competition to promote any breast milk substitutes, baby foods, and supplementary baby foods.
Use health care centres or drug stores as sales or promotional points.
Directly contact with expecting and breast feeding mothers.
Allure anybody (especially health officials and staff) to attend any seminar/conference/symposium/workshop/study tour/research which is sponsored/organised by firm/company related to breast milk substitutes, baby foods, supplementary baby foods, and its equipment.
Containers and labelling
According to section 6 of the act, each food supplements must situate in a sealed and hermetically closed container and they cannot be marketed unless fulfilling the following conditions:
Containers and labels of BMS products must include
A visible and intelligible message in BANGLA has to be printed on the container to the effect that “nothing is substitute for or equivalent or superior to breast-milk.”
Ingredient used, batch number, registration number, and the dates of its manufacture and expiry have to be printed on the container.
Clear instructions on preparation and composition.
Some basic information about breastfeeding.
Containers and labels of BMS products mustn’t include
Any picture of infant or mother or both or such other picture or writing which may establish the use of these products.
Use of cartoons or signs identifying the alternative baby foods and food supplements.
Enforcement
IPHN, Bangladesh is the authority under this act to enforce the law. Civil surgeon at district level and chief health officer at city corporation area are the authorised persons to look after the law. Any authorised person can search any place to inquire about any stuff which may cause violation
of this act.
Despite being a good piece of legislation, the law suffers from poor enforcement. The government’s focus should be on proper implementation of the law. Fortunately, social awareness is our only strength to fight against the powerful BMS companies and child malnutrition. We must make use of this strength to ensure proper nutrition for our future generation.
Kajal Abdullah is a journalist and a development activist. He can be reached at kajalfbi@gmail.com. The article was first published in Dhaka Tribune, Thursday, December 5, 2013.
