Margaret, your instincts are correct on this one. This is a document that is updated every year, keeping much of the same language from year to year, and it has had similarly concerning comments regarding countries that are protecting breastfeeding by restricting the marketing of food products for infants and young children before Trump took office.
To save you all the headache that I just went through to satisfy my own curiosity, I have copied below the pertinent paragraphs from the 2016 (under Obama) and 2017 (under Trump) versions of this report below for you to see and draw your own conclusions. I have not gone back far enough to see if there were similar passages in versions of this report under previous presidents, though many of the referenced regulations that are being considered and implemented are somewhat new and may not have been on the table during the terms of previous US Presidents.
For those who would like to follow along with the primary sources on this or check my work for anything I may have missed (I didn't read all 400+ pages of each report, just scanned the sections on countries that the news articles are telling us about US opposition to other countries' regulations intended to support breastfeeding, so it's certainly possible that I missed something.), they can be found here:
2016: https://ustr.gov/sites/default/files/2016-NTE-Report-FINAL.pdf
2017: https://ustr.gov/sites/default/files/files/reports/2017/NTE/2017%20NTE.pdf
Warmly,
Jeana Jones
Utah, USA
Hong Kong
2016:
The Hong Kong government published a draft Code of Marketing and Quality of Formula Milk and Related Products and Food Products for Infants & Young Children (Code) in October 2012. If implemented as currently drafted, stakeholders are concerned that the Code, together with related legislative proposals, would pose significant trade barriers to manufacturers and distributors of imported infant and follow-up formula. The United States is continuing to engage with the Hong Kong government on this measure, including with respect to whether it is more restrictive than relevant international standards.
2017:
The Hong Kong government published a draft Code of Marketing and Quality of Formula Milk and Related Products and Food Products for Infants and Young Children (draft Code) in October 2012, and is in the process of finalizing the draft Code. If the draft Code is implemented as originally drafted, U.S. stakeholders maintain that, together with related legislative proposals, it will have significant negative impacts on sales of food products for infants and young children, and is more restrictive than relevant international standards. The United States is continuing to engage with the Hong Kong government on this draft measure.
Indonesia:
2017 (new section not present in 2016 version):
Indonesia Food Law Implementing Regulation
Indonesia’s food and drug regulatory agency, the National Agency of Drug and Food Control (BPOM), has issued a draft regulation, the “Government Regulation Concerning the Label and Advertisement of Food,” to implement provisions of the Law 18 on Food of 2012. Among other things, the regulation would prohibit advertising or promotion of milk products for children up to two years of age, as well as any functional claims to children under three years of age. The regulation also would severely restrict interactions with health care providers, and the draft contains additional restrictions, including a ban on advertising for alcohol and stringent requirements for nutrition labeling. It is unclear when Indonesia intends to finalize this regulation. The United States has asked Indonesia to notify the measure to the WTO TBT Committee before finalizing the regulation.
Malaysia:
2016:
Infant and Follow-up Formula Products
Malaysia’s Ministry of Health has proposed revisions to its existing Code of Ethics for the Marketing of Infant Foods and Related Products, which includes restrictions on the use of trademarked brand names and symbols on product labels or packaging, as well as restrictions on educational, promotional, and marketing activities for infant formula products and products for toddlers and young children. The United States continues to follow the issue, and has raised questions about the evidence Malaysia used in developing the proposed measure.
2017:
Infant and Follow-up Formula Products
In 2014, Malaysia’s Ministry of Health launched an effort to revise and expand its existing Code of Ethics for the Marketing of Infant Foods and Related Products (“Code of Ethics”). The proposed revisions
include restrictions on the use of trademarked brand names and symbols on product labels or packaging, as well as restrictions on educational, promotional, and marketing activities for infant formula products and products for toddlers and young children. The United States has raised questions about the evidence Malaysia used in developing the proposed measure. The draft Code of Ethics is not likely to be finalized until after the first quarter of 2017.
Thailand:
2016:
The United States has raised concerns with Thailand about a draft measure related to infant and follow-up formula products. Thailand’s Draft Marketing Control of Food for Infant and Young Child and Related Products includes additional restrictions on the use of trademarked brand names, packaging, symbols, and educational, promotional, and marketing activities for modified milk for infants, follow up formula for infants and young children, and supplemental foods for infants. The United States has asked for the rationale and scientific evidence that support the proposed measure, as well as the extent to which the measure is based on international standards, as the current draft is more restrictive than relevant international standards, specifically the Codex Alimentarius Commission and the World Health Organization Code of Marketing of Breast-Milk Substitutes. Where other countries in the region regulate marketing of breast-milk substitutes, the marketing restrictions generally do not apply to follow-up formula for young children over one year. After numerous requests, Thailand notified the measure to the WTO. The United States has submitted formal comments on Thailand’s draft and continues to communicate to raise the issue with the Government of Thailand.
2017:
Labeling Restrictions on Foods for Infants and Young Children (0-36 months of age)
In December 2015, following repeated requests from the United States, Thailand notified to the WTO its Draft Marketing Control of Food for Infant and Young Child and Related Products (“Milk Code”). This measure imposes restrictions on the use of trademarked brand names, packaging, symbols, and educational, promotional, and marketing activities for modified milk for infants, follow-up formula for infants and young children, and supplemental foods for infants. The restrictions cover infants and children up to 36 months of age and establish considerable penalties for violations of the Milk Code. In November 2016, Thailand notified to the WTO a revised draft measure that includes a penalty of jail time for advertising violations. Thailand forwarded the revised draft measure to the National Legislative Assembly for its consideration in the fall of 2016. The Assembly is still reviewing the revised measure, including the labeling and health claim prohibitions. The United States is seeking to ensure that Thailand’s final measure is developed transparently and takes into account appropriate scientific and technical information in order to avoid any unnecessary restrictions on trade.
On Tue, 25 Apr 2017 00:00:22 -0400
LACTNET automatic digest system <[log in to unmask]> wrote:
> Date: Mon, 24 Apr 2017 07:48:04 -0400
> From: Margaret Sabo Wills <[log in to unmask]>
> Subject: Trump U. S. Trade Representative reports that Code-friendly laws elsewhere are "trade barriers"
>
> Thank you Liz!
>
> So this 500 page document is being issued under the Trump administration, but such a report concerning possible trade barriers is evidently done every year -- this is the 32nd annual edition. The US has *never* been a friend of the WHO code -- has never signed on, through how many presidents? Not to defend Trump (who I'm sure has read every word of this document) -- but does anyone know if this is the first time that the WHO Code restrictions have come up in this report?
>
> It seems that the US has always chosen to treat baby formula as just another food, as a very profitable product to be sold, while turning a blind-eye to the public health ramifications. Does this report show a new direction or a more blatant statement of those motives? -- or are many people so alarmed in general that this long-standing issue is being pointed out?
>
> Whether long-standing or a new direction --it is cause for alarm. We'd like to believe that in the modern era, we've all become so sophisticated as consumers -- but worried parents are very vulnerable to manipulation where their children are concerned. Breastfeeding has become a more difficult fit with modern lives, so they're primed to hear advertising that reassures them that the alternatives are just great. Societal attitudes and public health support and practical help have become more important in our era.
>
> Good luck to us all.
>
> Margaret Wills, IBCLC, Maryland USA
--
Jeana Jones <[log in to unmask]>
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