Baby milk company fined for advertising direct to consumers
Claire Laurent
Banbury

SMA Nutrition, part of Wyeth, one of the world's biggest manufacturers of
infant formula milk, was last week fined a total of £26 000 ($41 900; €37
200) and ordered to pay costs of more than £34 000 after being convicted of
six separate breaches of illegal advertising direct to consumers.

In what is thought to be the first case of its kind, the company was
prosecuted by Birmingham Trading Standards at Birmingham Magistrates Court.
Judge Rod Ross described the company's breaches as "cynical and
deliberate."

A mother in Birmingham drew the Trading Standards' attention to the
advertisement in Prima Baby magazine in July 2001. Further investigation
found that the piece had been published five times in other magazines
(Practical Parenting's Complete Guide to Pregnancy (July and September),
Mother and Baby, Pregnancy (the essential guide from Newbaby), and Healthy
Happy Pregnancy.

The Infant Formula and Follow On Formula Regulations 1995 and the Food
Safety Act state that advertisements for infant formula for babies up to 6
months can be published or displayed only through the healthcare system, in
a scientific publication, in a publication not widely available to the
public, or for the purposes of trade before retail.

During the eight day trial the court heard how the company had placed an
article six times in parenting magazines in 2001. Headed "advertisement,"
it highlighted four ingredients that parents should look out for in an
infant formula.

SMA Nutrition argued that the article was not an advertisement but an
information piece, which is allowed by law providing the reader is not
directed to a particular product. However, the only formula at that time
that contained all those ingredients was SMA Gold. The advertisement also
directed people to its helpline providing direct access between company
employees and parents, which is forbidden under UK legislation.

The company argued that it had done all it could to avoid committing an
offence. But, in his concluding statement, Judge Ross said it
had "blatantly disregarded the advice of its own legal department" that the
article might be regarded as an advertisement.

Professor Alan Lucas, an honorary consultant at Great Ormond Street
Hospital for Children, called by the defence, said he found the SMA
article "unexceptional" and that GPs and primary healthcare workers have
a "poor understanding of infant feeding issues" and that "first time
mothers often receive advice from the written media."

However, Judge Ross said the company had "deliberately crossed the line to
advertise to a vulnerable section of the public." Nor did he accept the
company's argument that the regulations as applied in this case restricted
free movement of goods within the European Union.

The outcome was welcomed by breastfeeding organisations and pressure
groups. Mike Brady, campaigns and networking coordinator of Baby Milk
Action, said, 'It's a stunning victory for infants and mothers in this
country, which I believe sets an important precedent and a warning to other
companies with similar advertisements."

SMA Nutrition is considering whether to appeal.

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