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

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