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Subject:
From:
Lyla Wolfenstein <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Sat, 27 Dec 2003 21:33:43 -0800
Content-Type:
text/plain
Parts/Attachments:
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At 12:01 AM 12/28/2003 -0500, you wrote:
>From:    [log in to unmask]
>Subject: CA WHO Code law???
>
>In a message dated 12/26/2003 11:17:42 AM Pacific Standard Time,
>[log in to unmask] writes:
>California Assembly bill which would have put provisions of the =
>WHO Code into law in that state.
>
>There is no such law!

no, but a proposal for such a law was presented to the CA assembly a couple
of years ago -  - and failed - it would have imposed fines (albeit small
fines) for violations of the WHO code.

from the LLLI web site:

California Assembly Bill 2447, 2001
(Failed on April 23, 2002)
2001 Bill Tracking CA A.B. 2447
SECTION 1. The Legislature finds and declares the following:
(a) Manufacturers of infant formula commonly send new mothers unsolicited
samples of free infant formula. These actions by formula manufacturers
violate the World Health Organization's International
Code of Marketing of Breast Milk Substitutes, which the United States
signed in 1994.
(b) Although the practice of sending unsolicited samples of infant formulas
to new or expectant mothers may seem innocuous and even generous on the
part of manufacturers, it is done as part of an aggressive marketing
strategy. This marketing strategy is designed to result in the early
supplementation of infant formula in the diets of infants and to lead to
the premature weaning of infants from breastfeeding.
(c) Health experts, including the Surgeon General, the American Academy of
Pediatrics, the American Academy of Family Physicians, the Academy of
Obstetrics and Gynecologists, the American Dietetic
Association, the American College of Nurse Midwives, and the State
Department of Health Services, agree that breastfeeding is the ideal method
of feeding and nurturing infants, that breast milk is the most complete
form of nutrition for infants, that breastfeeding protects infants from a
wide array of infectious and noninfectious diseases, and that breastfeeding
improves maternal health by reducing postpartum bleeding and lowering the
risk of premenopausal breast cancer and ovarian cancer.
(d) Furthermore, the American Academy of Pediatrics recommends that infants
should be exclusively breastfed for six months before being introduced to
any complementary foods.
(e) The use of formula can cause a mother's milk supply to decrease, often
leading a mother to think that she must further supplement her baby's milk
intake with formula. The result is often the early and undesired weaning of
the infant from breast milk to formula.
SEC. 2. Article 9 (commencing with Section 124172) is added to Chapter 3 of
Part 2 of Division 106 of the Health and Safety Code, to read:
Article 9. Infant Formula
124172. (a) No manufacturer of infant formula shall distribute in this
state free samples of infant formula to a mother, an expectant mother, or
family members of a mother or an expectant mother, unless these samples are
requested in a written form that she has signed that clearly states
information about both the risks associated with feeding infant formula to
a baby and the benefits of breastfeeding.
(b) No hospital or health care professional shall distribute in this state
free samples of infant formula to a mother, an expectant mother, or family
members of a mother or an expectant mother unless these samples are
requested in a written form that she has signed that clearly states
information about both the risks associated with feeding infant formula to
a baby and the benefits of breastfeeding.
124173. No hospital or health care professional shall share information
with, or sell or otherwise communicate personal information to, infant
formula manufacturers about a mother or an expectant mother unless she has
consented for the information to be released by signing a form that clearly
states information about both the risks associated with feeding a baby
infant formula and the benefits of breastfeeding.
124174. The department may assess a civil penalty of five hundred dollars
($500) for a violation of this article.
History: Introduced 2/21/02. To the Assembly Committee on Health on 3/7/02.
Sponsored by Assemblyman Goldberg


Lyla Wolfenstein, B.S., IBCLC, RLC
[log in to unmask]

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