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Take action to stop these violations of the International Code of Marketing of Breast-milk Substitutes. The people responsible have names and addresses - call on them to market their products ethically.

The tables below give details of some recent violations. The date when the violation was last reported to Baby Milk Action or confirmed to be current is given. The violation reference is for Baby Milk Action's records. Please quote it if forwarding correspondence to us, if possible.


Nestlé direct marketing to mothers in the Philippines receives business award (Nestlé's "monitoring" report exposed - No.1)

Company
Item
Date
Violation Reference
Nestlé
Direct marketing to mothers
September 1999
comp/99/19

Background:
Nestlé has launched a new book called Nestlé implementation of the WHO code. Copies are available from Nestlé. We will be examining its claims in detail on coming action sheets. Here we look at the case of the Philippines. Nestlé has hired the international marketing firm OgilvyOne, which received three prestigious Asian Direct Marketing Awards for its Nestlé campaign at a ceremony in Singapore in September. Dickie Sorian, OgilvyOne Manila, told BusinessWorld: "When we designed Nestlé's infant nutrition program, we made full use of direct marketing insights and breakthroughs that are now reshaping the way we market brands as well as the relationships between consumers and brand." The scheme promotes products for use from pregnancy until the child is about four. As well as the "Best of the Year" award, the Nestlé dietetics loyalty campaign received two special Judges Awards.

Suggested letter to the man responsible: Mr. Peter Brabeck, Chief Executive Officer, Nestlé, 55, av. Nestlé, 1800 Vevey, Switzerland. Fax: +41 21 922 6334:

Nestlé's promotional schemes in the Philippines, recently honoured in the Asian Direct Marketing Awards, violate Article 5.5 of the International Code. Please stop these practices immediately and inform all people who have received the report Nestlé implementation of the WHO Code that Nestlé's claim that it abides by the Code in the Philippines is untrue.

Suggested letter to Alberto G. Romualdez, JR., MD, Secretary of Health, San Lazaro Compound, Rizal Avenue, Sta. Cruz, Manila, Philippines (Fax: +63 2 743 18 29). (Nestlé has published a letter from him in its book - see http://www.babymilk.nestle.com).

I am writing to you as Nestlé is distributing a letter you have written. Nestlé is the target of criticism around the world for violating the International Code of Marketing of Breastmilk Substitutes and subsequent, relevant Resolutions adopted by the World Health Assembly. Nestlé is using your letter in a publicity campaign attacking this criticism.

While generally complimentary to Nestlé, your letter refers to violations reported to your office. I believe this refers to the "Health Educators" which Nestlé employs in the Philippines and who promote Nestogen infant formula to new mothers. Making direct contact with mothers is a flagrant violation of Article 5.5 of the International Code and Article 6 (e) of the Philippine Code. I would like to support any steps you are taking to stop this practice.

In addition, Nestlé's direct mail campaign promoting infant products to mothers recently received a prestigious business award, providing further evidence that Nestlé is violating the Philippine Code. This has received worldwide publicity. You may not have been aware of this practice when you wrote your letter on 5th February 1999 and may wish to issue a correction, noting that Nestlé is violating the International Code and Philippine Code in your country. I call on you to take legal action against Nestlé to stop these violations so as to protect the infants of the Philippines. You will receive support from around the world for doing so.

Footnote

Nestlé Philippines website refers to Nestlé's "health education on nutrition for village mothers" but Nestlé S.A. (Swiss headquarters) states Nestlé Philippines has "assured" it that "Health Educators" do not make direct contact with mothers. (For Nestle's response to a past campaign see Tip of the Iceberg - Volume 2). The OgilvyOne award also confirms that Nestlé is violating the Code in the Philippines.


Nestlé distributes free samples of a banned product in Hungary - Nestlé's "monitoring" report exposed - No. 2

Company
Item
Date
Violation Reference
Nestlé
Direct mail to mothers. Free samples and gifts.
October 1999
comp/99/20

Nestlé is distributing unsolicited packs of materials in Hungary using contact details from the birth registry. A pack received by a breastfeeding mother when her child was five months old included the free sample of follow-on formula shown here. A booklet in the pack explains how to collect points from infant foods to obtain free gifts, including further formula. A letter tells the mother she has to write to Nestlé if she does not want it to pass her contact details to other companies. Visit the Nestlé in Hungary - Violations Library to see some of the items in the pack.

Suggested letter to the man responsible: Mr. Peter Brabeck, Chief Executive Officer, Nestlé, 55, av. Nestlé, 1800 Vevey, Switzerland. Fax: +41 21 922 6334:
I am writing to express my concern about Nestlé's flagrant violations of the International Code of Marketing of Breastmilk Substitutes and subsequent, relevant Resolutions of the World Health Assembly in Hungary. Nestlé is also breaking a European Union Export Directive

Nestlé has obtained the addresses of mothers from the birth registry and sent unsolicited information on its products, including a free sample of Nestlé follow-on formula Beba 2. This violates Article 5.5 of the International Code which states that marketing personnel: "should not seek direct or indirect contact of any kind with pregnant women or with mothers of infants and young children." Nestlé is also violating Article 5.2 of the International Code which states: "Manufacturers and distributors should not provide, directly or indirectly, to pregnant women, mothers or members of their families, samples of products within the scope of this Code." The free gift scheme promoted in the mailing violates Articles 5.3 and 5.4 of the International Code.

By promoting Beba 2 Nestlé is also promoting Beba infant formula. Samples distributed in Hungary have been manufactured by Nestlé Denmark and so the European Union Export Directive 92/52/EEC applies. This states: "These products shall be labelled... to avoid any risk of confusion between infant formulae and follow-on formulae." Please destroy all Beba 2 products and materials immediately.

Please conduct an immediate investigation and ensure that these and any other violations are stopped immediately. Nestlé's new report Nestlé implementation of the WHO Code does not include any reference to Hungary, even though Nestlé has operation there. Please write to everyone who has received a copy to inform them that Nestlé has been systematically violating the Code in Hungary.


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