The Australian Competition and Consumers Commission (ACCC) proposes to re-approve a manufacturer's agreement not to promote infant formula.
This is to protect the breastfeeding rate.
However, the ACCC's draft declaration also cites concerns that advertising for infant milk could diminish the public benefits of the agreement.
The Australia Infant Formula Marketing Agreement: Manufacturers and Importers (MAIF) is a voluntary agreement that limits the advertising and promotion of infant formula by manufacturers and importers directly to the public.
"Restricting infant formula advertising in this way limits competition to some extent, but there is a clear public benefit to allowing that restriction as long as it effectively protects breastfeeding rates," said Rod Sims, chairman of the ACCC.
“However, if the industry is able to bypass the restrictions, the deal won't do what it is supposed to do.
“The ACCC is not concerned with setting health policy, but if we are asked to grant exemptions from competition law, we will only do so if we are convinced that there are public benefits, which is why we are seeking more information on the issue. "
The ACCC is seeking comments on its draft assessment, including further information and evidence on how marketing infant milk has the same effect as marketing infant formula and reducing breastfeeding rates.
For more information, see Infant Nutrition Council Limited.