Legal battle over Milk Code continues

 
FOr milk companies, it was the worst of timings.

On June 19, 2007, the Bureau of Food and Drugs (BFAD) ordered the recall of millions of units (cans and cartons) of infant milk products made by Wyeth, a US-based company. The milk products “might have been contaminated,” having been exposed to the elements during a strong typhoon that hit the country late last year, Health Undersecretary Alexander Padilla said.

The recall was ordered the same day that the Supreme Court listened to oral arguments from the lawyers of the Department of Health (DoH) and the Pharmaceutical and Healthcare Association of the Philippines (PHAP) on the Revised Implementing Rules and Regulations of the Milk Code.

Although Wyeth had reported that only 2.5 million units were affected, BFAD reported that up to 4.3 million units of the infant formulas Bona, Promil, Promil Kid and Progress Gold should be covered by the recall. BFAD officials were likewise incensed that Wyeth reported the contamination to the bureau only after the story spread on the Internet. According to Joshua Ramos, BFAD deputy director, “It was only an afterthought when they declared it to us.”

It remains to be seen whether the infant formula recall will affect the ongoing legal battle between PHAP and DoH. PHAP, through its team of lawyers led by Felicitas Arroyo, has temporarily blocked the implementation of the country’s Code of Marketing of Breast Milk Substitutes by questioning the constitu-tionality of the code’s RIRR. At the center of the legal battle is the prohibition on the advertisement, promotion or marketing of materials and activities for breast milk substitutes for infants up to two years old. According to PHAP lawyers, milk companies stand to lose P10 billion if the RIRR is implemented.

Advocates of health, children and women’s rights are alarmed at the declining breasfeeding practice in the country. They blame this on the aggressive advertising of infant formula in the country, which a UN health rights expert describes as “deceptive and malicious.” According to UNICEF, only 16% of Filipino children between 4 and 5 months old are exclusively breast-fed. About 13% of Filipino mothers do not breast-feed at all.

In 2003, the World Health Organization estimated that 16,000 children below 5 died in the Philippines due to improper feeding practices, including use of infant formula. The country’s infant mortality rate is among the highest in Asia. As of 2007, the infant mortality rate (babies dying before reaching their first birthday) is pegged at 22.12 deaths for every 1,000 live births. The country currently ranks 103 rd among 217 countries in infant mortality rate.

Sources :

http://archive.inquirer.net http://www.indexmundi.com/philippines/infant_mortality_rate.html

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