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Subject:
From:
Elizabeth Brooks <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Mon, 22 Feb 2010 09:38:55 -0500
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The Lactnet Archives are *full* of empassioned and lengthy posts about the
topic of Pigeon, Lansinoh, Code compliance, Code interpretation and Code
enforcement.  Please check them out, so we don't have to re-write and
re-post those comments all over again.  My Reader's Digest Condensed version
of the topic is this:
* ILCA has allowed Lansinoh to exhibit because Lansinoh does not produce or
market the four product-types under the WHO Code.  ILCA has to fairly apply
its advertising policy to meet fiduciary obligations and legal
requirements.  Hand-outs explaining the governance and decision-making
procedures behind's ILCA's advertising policy were publicly
distributed during the conference; they will be again in 2010; they are
available on the ILCA website as well.
* The WHO Code does *not* impose a duty to look at corporate ownership
structure; it asks us to look at **marketing* *of four product-types.  The
Code is about appropriate marketing of the four product-types is covers ...
not about "severing ties despite financial consequences."
* I respectfully disagree with the ICDC interpretation imposing a duty to
investigate corprorate structure and ownership, and "move the guilt up the
chain" so to speak, because extant Code language does not require it.  That
being said, ICDC's position and interpretation of the Code carries great
weight, as do the interpretations by the many member organizations of ICDC
(like NABA in the USA, Infant Canada in Canada, Baby Milk Action in the UK,
etc).
* Nonetheless. the only interpretations that carry the weight of authority
and rule of law are those from the courts or administrative bodies, within
the countries that have passed Code-related legislation, when called upon to
interpret and enforce their own laws.

Liz Brooks JD IBCLC FILCA
Wyndmoor, PA, USA

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