New regulations in Thailand will force powdered milk companies to stop advertising, giveaways and discounts on so-called infant milk, but experts say the milk is linked to rising obesity and other health problems among the country’s children. It is said that this may be a contributing factor to the problem.
The action follows a ProPublica investigation that revealed how the U.S. worked to undermine Thailand’s last major attempt at a formula advertising ban in 2017.
Thai health authorities at the time wanted to stop selling all baby formula products as part of efforts to boost breastfeeding rates, which are among the lowest in the world. Of particular concern was infant formula, a type of powdered milk made specifically for infants, often expressed in bold terms. experts sayunsupported health claims. But powdered milk manufacturers like Mead Johnson asked U.S. trade authorities to intervene and launched a 15-month diplomatic and political pressure campaign that resulted in exemptions from advertising infant milk.
By last year, infant formula – usually a processed drink containing powdered milk, vegetable oil and sweeteners – accounted for more than half of all powdered milk sales in Thailand, according to Euromonitor, which tracks sales data.
The U.S. intervention in Thailand was one of about 20 efforts documented this year by ProPublica, which examines long-term federal support for the multibillion-dollar infant formula industry. In recent years, its advocacy efforts have often centered on opposing local efforts to regulate the marketing of infant formula around the world.
Health officials and activists say such ads can mislead parents and even encourage mothers to abandon breastfeeding too soon, depriving children of a range of health protections. Meade Johnson did not respond to requests for comment. But the industry defended the promotion of infant formula, saying it “contributes to nutritional intake and has the potential to fill nutritional gaps for children over 12 months of age”.
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In Thailand in 2023, ProPublica observed towering boxes of infant formula lining the shelves of grocery stores. Companies offered deep discounts on drinks for young children and gave away items such as toys, musical instruments, and even small swing sets in exchange for product purchases.
“The marketing is very aggressive,” said Dr. Thitiporn Tuangratananon, who was involved in the Thai Ministry of Health’s efforts to enact the new restrictions.
In 2016 and 2017, U.S. trade officials lambasted Thailand on the floor of the World Trade Organization for proposing restrictions on infant milk advertising. Officials later said the rule raised questions about whether it was applicable. “We are restricting trade more than necessary.”
But this year, the United States took a different approach. In a letter to Thai authorities, the United States said it “supports Thailand’s goal of preventing deceptive marketing practices and thereby protecting the health and well-being of infants and young children.”
According to documents obtained by ProPublica, trade officials asked questions such as which products would be covered and why the new rule would restrict marketing that is not deceptive or inaccurate, but the rules conflicted with trade treaties. It was indicated that the company did not share the concerns raised by industry representatives about whether the .
In response to questions, a spokesperson for the U.S. Trade Representative said the agency and trade policy officials support “science-based” regulatory decisions.
“Since the beginning of the Biden-Harris administration, USTR has made no secret of its commitment to ensuring trade policy works for the people of the United States,” Press Secretary Angela Perez said in a statement. The statement said the USTR is not “blindly” advancing corporate intentions and is moving “away from the previous standard view that often viewed legitimate regulatory initiatives as trade barriers.” said.
Before adopting the new regulations regarding infant formula, Thailand’s Ministry of Health held public hearings and met with representatives of formula companies, who strongly opposed the changes.
A letter from the U.S. Infant Nutrition Council, an industry group, says restrictions on trademarked brands of infant formula (also known as growing milk) could “violate Thailand’s obligations” under the WTO agreement on intellectual property. He said that there is.
“In focusing on restricting information on infant formula and dairy growth up to 36 months of age, the Department is overlooking other public health and public policy concerns faced by working women,” the letter said. He cited challenges and the impact of local dietary habits on malnutrition. and the importance of dairy products in child development.
Another group, the U.S.-ASEAN Business Council, said the change could violate trade treaties and would “require important information to identify safe, effective, reliable, and scientifically formulated products.” “There is a possibility that this will be negative to Thai consumers,” he said.
The Economic Council declined further comment. The Nutrition Council did not respond to ProPublica’s questions.
With the new rules, Thailand joins around 34 countries that have introduced restrictions on the sale of baby formula to children aged 3 and over. This is why the measure is supported by the World Health Organization. Concerns about drink nutrition and its potential to disrupt breastfeeding.
The regulation is scheduled to take effect in July.
