Pat asks if there is "a formal list of code violators."
Would that it were so easy.
To be technical about it .... (and please, everyone, finish reading the post
before you lurch into paroxysms of rage) .... companies/marketers aren't
"found" to be violators by anyone, UNLESS they are doing their activities
in countries that have legislated the WHO Code into law, and there are
enforcement and sanctions provisions included, and the courts or health
ministries in those coutnries have adjudged the marketers to have -- ta da
-- violated their laws/regulations.
Ever hear Marsha Walker talk about the WHO Code? I heard if from her first,
and use this much more correct phrasing now, too: "companies not meeting
their obligations under the Code." Because there are many companies that do
not meet the objectives set out by the model policy that the WHO Code is ...
and the companies ought to be called out for such failures.
There are several entities that monitor and issue **reports** of violations,
and they are well-known to us: IBFAN, ICDC, NABA, INFACT Canada, BabyMilk
Action (and probably more). IBFAN/ICDC's "Breaking the Rules/Stretching the
Rules" (BTR) is a fabulous publication, but it is pricey, and it only comes
out every three years. See http://www.ibfan.org/code-publications.html.
Company ownership and marketing strategies change swiftly. If one is
relying on these publications, for administrative and legal decision-making
purposes ("Gee, should we let them be vendors at our conference?"), they may
be out-of-date almost as soon as their ink dries.
Even IBFAN recognizes the struggle. Their Executive Summary of BTR states,
"IBFAN is a watchdog, not the keeper of companies. BTR 2010 is
far from a comprehensive list of Code violations." (Exec Summy at 2010-6)
(Treasure for post readers-vs-scanners: The Exec Summy is a free download,
and should be on your shelf:
http://www.ibfan.org/art/BTR_2010-ExecSummary(final).pdf)
Here's an analogy, apt in many ways. Let's say my neighbor walks her dog
every day, and the dogs poops on my lawn, and the neighbor leaves the mess.
One day I dash outside, yelling, "What?! You've violated several local
health code ordinances! Cease and desist!" The neighbor looks and me,
laughs, and walks away.
What can I do? I may have declared that a violation has occurred ... I may
even be right about it ... but what can I do?
Not much, by myself. But I *can* call the local police or health
department, and ask them to use *their* enforcement authority. They send
someone out, who witnesses the dog pooping, and the neighbor ignoring. Out
comes the ticket pad: Neighbor is found to have violated the local
Don't-Leave-the-Poop Ordinance by the witnessing officer, who has the
*authority* as a police officer to issue a ticket requiring the *violator*
to pay a hefty fine.
--
Liz Brooks JD IBCLC FILCA
Wyndmoor, PA, USA
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