Dear Marianne,

Unfortunately it is not a breach of Dutch and European law as there is a separate directive
for diet food, which doesn't mention advertising in any way. One of the the flaws that makes
that the EU countries are not ranking as high as before on the State of the Code Chart by
Country.
The formula involved is a diet food (as per the manufacturers website and the labeling).
However, it IS a violation of the WHO-code as it is a replacement of breastfeeding.

Heleen

On 1 Jun 2009 at 21:32, Marianne Vanderveen-Kolkena wrote:

> Hi all,
>
> As I told you last week, N* was allowed to enter a question into the
> Dutch high school exam about a formula for premature babies. A
> colleague now wants to be sure it is a violation of the Dutch
> legislation. This is only the case if it is about marketing a
> 'volledige zuigelingenvoeding' (translated: complete nursling's
> feeding... can't tell you how I hate that term...! complete?! in what
> way?!) as opposed to follow-up formula. I'd reckon a formula for
> feeding would definitely fall under that scope, wouldn't you say...?
> Fast replies will be greatly appreciated, as we want to send out the
> press release tomorrow. Can't afford to make a mistake in the
> terminology... They will probably say they were only stating
> technological facts, but they didn't say mother's milk is first
> choice. Most of all, high school students are among the general
> public, are not hcp's and certainly didn't ask for specific info.
> There was some nice Aussie swearing here last week... won't repeat it,
> but do agree! ;o)
>
> Bye,
>
> Marianne Vanderveen IBCLC, Netherlands
>
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Heleen Hayes
http://www.xs4all.nl/~hhayes

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