I posted this on March 9. Because I have been working on the document
regarding the state of the Code in the US, I have been in contact with the
International Code Documentation Center in Penang for the specific wording of
what the US actually did regarding the Code in 1994. Here it is again.

Just a quick note on the US and the Code. In 1994, at the World Health
Assembly (WHA) meeting, resolution 47.5 became notable for two reasons. It
clarified the Code and former resolutions regarding free supplies. But it
also was the first time that the US did not oppose a resolution concerning
the Code. The US did not vote for the Code (this time or the first time).
There was no vote at this particular WHA meeting. The US did not sign
anything, it simply withdrew its amendments to the resolution in good will.
While this may seem somewhat supportive it still has not been enough to cause
legislation or policy to be developed.

The US has a number of government documents that call for attention or
adherence to the Code. When I lecture or write on this topic I help people
understand that it is still our responsibility to help other colleagues and
the institutions we work for to use the Code and its subsequent relevant
resolutions as an ethical model for practice and delivery of services.

In the US, the closest we have to any kind of formula monitoring is the FDA
who is responsible for labeling requirements and administers the Special
Nutritionals Adverse Event Monitoring System. Consumers can report any
problem with formula use to the FDA at 800 FDA-1088 or on their web site at
www.fda.gov/medwatch/report/consumer/consumer.htm. Health care providers
should report all formula-related problems to the FDA MedWatch hotline at 800
FDA-1088 or on their web site at www.fda.gov/medwatch/report/hcp.htm.

Both the FDA and the Federal Trade Commission (FTC) share jurisdiction over
claims made by manufacturers of food products. The Federal Trade Commission
Act prohibits unfair or deceptive acts or practices and any false
advertisement that is misleading. Truth-in advertising is a set of guidelines
that we should be aware of. Anytime you see a phrase on a formula can or ad
such as "closer than ever to mothers milk" drop a line to the FTC and file a
complaint.

I collect Code violations and within my position in the National Alliance for
Breastfeeding Advocacy (NABA) work to monitor and bring attention to the Code
and its violations.

Marsha Walker, RN, IBCLC
Weston, MA

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