Well -- at the risk of repeating myself and re-opening a hot potato topic that is well- and exhaustively-covered in the Lactnet Archives ... and at the risk of publicly differing with a "feisty chick" from Australia (Nina may need to pull up my fan letter from the Lactnet Archives, post no. 199386, 27 Jul 2010, to understand the reference), I will say: (1) The ILCA Board of Directors did an exhaustive "due diligence" effort of its own in May 2010. It turned to WHO Code expert [US-based] National Alliance for Breastfeeding Advocacy (NABA) (in accordance with the ILCA Advertising policy) for further investigative and interpretative advice, regarding Simplisse's ownership and whether it was meeting its obligations under the Int'l Code. They are a company that does NOT market any Code-covered products BUT it was unclear whether they were a stand-alone company, separate from Dr. Brown's/Handicraft, a known Code-violator. NABA confirmed for ILCA that Simplisse is organized as a separate and distinct entity, operating on its own, and therefore the ILCA BOD was able to decide that they could exhibit at the 2010 ILCA conference. (2) Lansinoh was the subject of scrutiny as an ILCA exhibitor in 2009. At the 2009 Orlando conference ILCA even had a hand-out which it provided at our own conference booth, explaining the Board's decision-making on that particular vendor. The ILCA Board remains firm in its position that the *International Code* is to be read "on its face." Nowhere in the seminal document nor in any of the subsequent WHA Resolutions is a supporter required to check the corporate ownership chain to determine if a marketer is complying with the Code. Instead, the *Code* asks us simply to look at marketing, and look to see if the item being marketed falls under the Code. Lansinoh does not market any products under the Code, is firewalled from Pigeon, and operates as a separate and distinct entity. ILCA did not seek an outside opinoin letter on this vendor, because it was able to reach a decision without such input. Now -- please, everyone -- slow those typing fingers and let me finish. ILCA's mission is to run itself as a member organization, serving the educational and professional development interests of IBCLCs and others who share our mission ****all-the-while* *** supporting the Code. ILCA actually embodies support for the Int'l Code in its by-laws. ILCA is well-aware that some *International Code* supporters disagree with ILCA's decision to read the *Code* at face value in this way. And that rather makes sense, doesn't it? A group established to support and promote the *International Code* has THAT as its mission. It is entirely understandable that they press for as far-reaching an interpretation of the *International Code *as possible. ILCA can't ask for a "ruling" on this because there is, as I like to say, No WHO Code Court. Whatever enforcement and sanctions mechanisms exist vary from country to country, depending on whatever laws or regulations were able to be passed to implement the Code. In those countries that have legislated support for the Int'l Code, I am unaware of any judicial-level rulings requiring a Code violator to be defined as including all of its parent- and subsidiary-corporation incarnations. As everyone on this list no doubt knows, there is no legislative support for the International Code in the USA. In operational terms, ILCA (through its Board of Directors, and its management staff) must find a way to conduct the business of the organization in a manner that meets and responds to the needs of 5000+ international members working in varied clinical and educational settings -- and we have to do it ****all-the-while* *** supporting the Code, and without losing money; while making decisions that are fair, equally applied, legal and ethical for a non-profit member organization ... and all within tax, accounting, non-discrimination and fair trade/fair commercial standards. ** -- Liz Brooks JD IBCLC FILCA (ILCA Secy 2005-11) Wyndmoor, PA, USA *********************************************** Archives: http://community.lsoft.com/archives/LACTNET.html To reach list owners: [log in to unmask] Mail all list management commands to: [log in to unmask] COMMANDS: 1. To temporarily stop your subscription write in the body of an email: set lactnet nomail 2. To start it again: set lactnet mail 3. To unsubscribe: unsubscribe lactnet 4. To get a comprehensive list of rules and directions: get lactnet welcome