Article 10Requirements for promotional and commercial practices for infant formula
1.
Advertising of infant formula shall be restricted to publications specialising in baby care and scientific publications.
F1The appropriate authority may further restrict or prohibit such advertising. Such advertising shall contain only information of a scientific and factual nature. Such information shall not imply or create a belief that bottle-feeding is equivalent or superior to breast feeding.
2.
There shall be no point-of-sale advertising, giving of samples or any other promotional device to induce sales of infant formula directly to the consumer at the retail level, such as special displays, discount coupons, premiums, special sales, loss-leaders and tie-in sales.
3.
Manufacturers and distributors of infant formula shall not provide, to the general public or to pregnant women, mothers or members of their families, free or low-priced products, samples or any other promotional gifts, either directly or indirectly via the health care system or health workers.
4.
Donations or low-price sales of supplies of infant formula to institutions or organisations, whether for use in the institutions or for distribution outside them, shall only be used by or distributed for infants who have to be fed on infant formula and only for as long as required by such infants.
F25.
In this Article, “appropriate authority” means—
(a)
in respect of advertising in England, the Secretary of State;
(b)
in respect of advertising in Wales, the Welsh Ministers;
(c)
in respect of advertising in Scotland, the Scottish Ministers.