The agreement between LLLI and the California Milk Processor Board (CMPB --
as in cow's milk diary farmers) is a licensing agreement under trademark
protection law, a subpart of intellectual properrty law.  CMPB owns the
trademark on the advertising tagline "Got Milk?" Unlike many companies that
have failed to respect the trademark, LLLI did the right thing and
negotiated a licensing agreement whereby they were granted the right to use
the tag line "Got Breastmilk?"  LLLI can not go forth and use that tag line
in their own advertising.

The WHO Code is a model public health policy statement about unethical
marketing (directly to mothers, and/or through health care systems and
heatlh care workers) of bottles, teats, formulas, and
foods-meant-to-replace-breastfeeding.

The LLI-CMPB trademark licensing agreement has nothing to do with the WHO
Code.

Mothers (and the public-at-large) are entitled to know the risks (and
benefits -- I'll bet we could think of at least one) of drinking cow's milk
brought to market by industrial-sized dairies.  Similarly, they should know
the risks (and benefits) associated with eating fruits and vegetables
grown with pesticides, or baked good prepared with partially hydrogenated
fats, or salmon grown on "fish farms."  Others with far more expertise and
eloquence than I can speak better to these topics.

But a licensing agreement negotiated at arm's length between LLLI and CMPB
does not fall under the WHO Code.

Liz Brooks JD IBCLC FILCA
Wyndmoor, PA, USA

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