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Subject:
From:
Elizabeth Brooks <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Tue, 12 May 2009 08:23:34 -0400
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This topic was addressed a month or two ago, ad nauseum, right here on
Lactnet -- so a search of the Archives will pull up lots of stuff, but here
is the cut-to-the-chase  summary of Lansinoh being advertised in JHL:

Lansinoh is a company which produces products that do *not* fall under the
WHO Code, but whose majority stock holdings were purchased a handful of
years ago by Pigeon, whose major market is in Japan and whose marketing
practices of Code-covered products are famously non-Code-compliant.  The
corporate structure and governance at Lansinoh remains "firewalled" -- the
same guys that ran that shop when it was bought are still running the shop.

Lansinoh currently conducts itself in Code-compliant fashion -- largely
because they are entirely exempt from its provisions, as they do not
manufacture nor market any of the four product-types falling under the WHO
Code.

[Now -- that does not prevent any of you from forming your own judgment as
to whether you would use or recommend their products -- regardless of Code
issues.  Those "hooter hiders" are Code-compliant, too, but I wouldn't
recommend them to a mom.]

The WHO Code is entirely *silent* on the issue of such layered corporate
ownership (i.e Good Child Lansinoh, is owned by Bad Parent Pigeon).  It
looks at marketing practices aimed at mothers (and health care providers),
period.

There are some who argue -- articulately and passionately -- that we must
hold the Good Child accountable for the Bad Parent's behavior.  But the WHO
Code does not require that, and to start down that interpretative path is a
legislative and legal nightmare.   If  we are going to accept the broader
analysis that some ask, then imagine this hypothetical.  Bad Formula Company
creates a new entity that sells nursing bras:  Formula Brand Bras.  WHO Code
does not even apply.  Formula is not mentioned in the nursing bra ads.  Not
a bottle is in sight.  Everyone is happy.

Now, Formula Brand Bras buys up, entirely, the stock of Formula Brand
Formula.  The Good Parent now owns the Bad Child.  Uh oh.  The
Code-acceptable parent company would now be able to "bathe" the Child
Company with their Code Purity.

We all know that this can't possibly be how the Code was intended to be
interpreted and applied -- and yet, that is exactly how some would have us
do it, in the reverse.

-- 
Liz Brooks JD IBCLC
Wyndmoor, PA, USA

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