Kathleen -- I am a lawyer, and I sit on the ILCA Board, but I am not *ILCA's* lawyer. That clarification made, it doesn't surprise me that esteemed Code expert Marsha Walker of NABA has a different view of the WHO Code, and how corporate mergers/ownership are to be interpreted. This is one of my big beefs with the WHO Code: not its intent and philosophy, which I share and endorse. Rather, it is very difficult piece of writing to equally and universally interpret and enforce. Wise and intelligent minds can differ on what the Code requires. The WHO Code is designed to be used as a springboard for *governments* to write legislation, that enforces the "marketing brakes" suggested by the Code. The countries that have done so all have differing versions of legislation and enforcement teeth. The countries that have no legislation behind it (and the USA is a big one) have no enforcement teeth behind it at all. The good will of companies and HCPs who support the Code is what keeps it afloat here. The WHO Code asks that health care workers around the world voluntarily support it. That includes their agreement not to take freebies from the companies that market the four product-types under the Code. IBCLCs have an extra-added admonition under their IBLCE Code of Ethics, that says they *must* support the WHO Code. I have spent many more years reading legislative language, devining legislative intent and sources of jurisdictional authority, and interpreting regulatory language, than I have spent serving mothers as an IBCLC. I have read the WHO Code, and its WHA Resolutions. I have read historical and interpretative materials and monitoring reports produced by groups like IBFAN and ICDC and Baby Milk Action and NABA and INFACT Canada. I have gone back repreatedly and looked at the language of the Code itself. I can find nothing that requires any of us to determine compliance by looking beyond the "first tier" of product type, and marketing. And here's the part that drives me batty: there is no Who Code Court to whom I, or you, or anyone, can appeal for a final, definitive ruling on these matters. Yes -- *opinions* are abounding. Including my own. But each country legislates the WHO Code differently. Even if you find a country that says "Aha! Bad Parent will taint the Good Child -- fines all around!" that wonderful ruling willl NOT hold any weight or authority across its own borders. JHL allows Lansinoh to advertise, and ILCA allows Lansinoh to have an exhibit booth, because they do not manufacture nor market formula, bottles, teats or foods meant to be given to infants. -- Liz Brooks JD IBCLC Wyndmoor, PA, USA *********************************************** Archives: http://community.lsoft.com/archives/LACTNET.html To reach list owners: [log in to unmask] Mail all list management commands to: [log in to unmask] COMMANDS: 1. To temporarily stop your subscription write in the body of an email: set lactnet nomail 2. To start it again: set lactnet mail 3. To unsubscribe: unsubscribe lactnet 4. To get a comprehensive list of rules and directions: get lactnet welcome