Complaints about the marketing of infant formula

The Ministry is responsible for monitoring the implementation of the Code of Practice for Health Workers (the Health Workers’ Code) and the Infant Nutrition Council Code of Practice for the Marketing of Infant Formula in New Zealand (the INC Code of Practice).

The Ministry does this by receiving complaints about potential breaches of either Code of Practice. If an issue is not resolved to the complainant’s satisfaction through correspondence with the subject of the complaint, it will be submitted to a Compliance Panel for a decision.

There is also an appeal process for Compliance Panel decisions, presided over by an Adjudicator.

The Advertising Standards Complaints Board (ASCB) is responsible for monitoring compliance with the Code for Advertising of Food. If you have concerns about the advertising of follow-on formula or food for infants aged over 12 months, you can make a complaint to the ASCB.

The Ministry for Primary Industries is responsible for administering and monitoring compliance with the Food Standards Code. If you have concerns about the labelling, composition or quality of infant formula or other food products, you can make a complaint to the Ministry for Primary Industries.

If you are considering making a complaint about an activity, you need to consider all four codes discussed on this and related pages:

The information below will help you determine which code you consider may have been breached. Complaints about the activities of individuals or groups who are not covered by these codes can also be brought to the Ministry’s attention, which can deal with them in conjunction with the relevant organisations.

How to make a complaint about the marketing of infant formula for infants from birth to 12 months of age

If you have concerns about INC member companies’ marketing, for example, an advertising campaign, the content of infant formula information and educational material appearing in brochures or advertisements, or the distribution of samples, then consult the INC Code of Practice. This will assist you to determine whether the activity falls within the scope of this code, and which article and clause you consider the activity to be in breach of.

Fill out the form below:

And send by email to:
[email protected]

How to make a complaint about the advertising of formula for infants aged over 12 months

If you have concerns about the advertising of follow-on formula or food for infants aged over 12 months, you can make a complaint to the Advertising Standards Complaints Board under the Code for Advertising of Food. The board will use the guidelines provided by the INC when considering complaints about follow-on formula.

For more information on how to make a complaint to the Advertising Standards Complaints Board, contact the:

Advertising Standards Authority
Phone: 0800 234 357
Email: [email protected]

How to make a complaint about the labelling, composition, or quality of formula

If you have concerns about the labelling, composition or quality of formula or other food products, you can make a complaint to the Ministry for Primary Industries under the Australia New Zealand Food Standards Code.

For more information on how to make a complaint to the Ministry for Primary Industries, contact the:

Ministry for Primary Industries
Phone: 0800 693 721
Email: [email protected]

Complaints under the Health Workers’ Code

The grounds for complaint under the Health Workers’ Code are summarised below.

The complaints process is described in the complaints flowchart.

The Compliance Panel and Adjudicator are described at Compliance Panel

The complaints form can be downloaded at Complaint submission form against health workers (Word, 40 KB).

Grounds for a complaint under the Health Workers’ Code

A health worker, a health worker’s employer or a health organisation that is not:

  • complying with any article in the Code of Practice for Health Workers
  • protecting, promoting and supporting breastfeeding by giving clear, consistent and accurate information about the importance of breastfeeding and the health consequences of not breastfeeding
  • encouraging whānau/families to make an informed decision on the feeding method they will use before the birth of their infant
  • helping whānau/families to prevent and resolve the most common problems that cause stopping of breastfeeding
  • meeting their obligation to give detailed information and advice to parents, caregivers and whānau/families of breastfed and formula-fed infants on infant feeding
  • ensuring the appropriate and safe preparation, use and storage of infant formula when necessary.

How do I make a complaint?

Read the Health Workers’ Code if you have concerns about a health worker, health worker’s employer or health organisation.

Decide if the activity falls within the scope of the Health Workers’ Code, and which article and clause you consider the activity to be in breach of.

Fill out the Complaint submission form against health workers (Word, 40 KB).

Email your complaint to [email protected].  

If you are unsure how to prepare a complaint or have difficulty preparing your complaint, you can seek assistance from your organisation, an organisation involved in the provision of Well Child Tamariki Ora services or a community group.

What happens to my complaint?

The complaints process is described in the complaints flowchart.

Determinations

The determinations and Annual Reports of the Compliance Panel can be found at Meeting summaries.

Related information

Complaints under the INC Code of Practice

The INC Code of Practice (PDF, 282 KB) does not apply to the activities of any non-INC member. This may include retailers like supermarkets, pharmacies or other online retailers.

Grounds for a complaint under the INC Code of Practice

You have grounds for a complaint if a manufacturer or importer of infant formula that is a member of the Infant Nutrition Council is:

  • not complying with any article in the INC Code of Practice
  • advertising infant formula products intended for use by infants aged under 12 months directly to consumers
  • using pictures or text which may idealise the use of breast-milk substitutes
  • initiating either direct or indirect contact with pregnant mothers or family members to promote infant formula
  • providing infant formula product samples for non-specified purposes
  • preparing infant formula educational and informational material that does not explain the benefits and superiority of breastfeeding, the social and financial implications of its use, and the health hazards of the unnecessary or improper use of infant formula
  • not restricting infant formula product and usage information published by or under its control to scientific and factual information and implying or creating a belief that bottle-feeding is equivalent or superior to breastfeeding
  • providing financial or material incentives to health professionals for the purpose of promoting infant formula
  • pursuing or endorsing promotion through retail channels unless those activities are allowed under the INC Code of Practice.

How do I make a complaint under the INC Code of Practice?

Read the INC Code of Practice (PDF, 282 KB) if you have concerns about an INC member.

Decide if the activity falls within the scope of the INC Code of Practice, and which article and clause you consider the activity to be in breach of.

Fill out the Complaint submission form against infant formula marketer (Word, 40 KB).

Email your complaint to [email protected].

If you are unsure how to prepare a complaint or have difficulty preparing your complaint, you can seek assistance from your organisation, an organisation involved in the provision of Well Child Tamariki Ora services or a community group.

What happens to my complaint?

The complaints process is described in the complaints flowchart.

Determinations

The determinations and Annual Reports of the Compliance Panel can be found at Meeting summaries.

Related information

Appeals

If you are not satisfied with the Compliance Panel’s decision, you may consider an appeal to the independent Adjudicator.

What are the appeals grounds?

Any affected party can bring an appeal.

Appeal grounds for the Adjudicator accepting an appeal are where it appears that the Compliance Panel, in making its decision:

  • did not follow a fair process based on the principles of justice
  • failed to take a relevant fact into consideration or took an irrelevant fact into account, or gave a relevant fact insufficient weight or
  • did not properly apply the Health Workers’ Code or the INC Code of Practice (PDF, 282 KB) in its decision.

What happens to my appeal?

The appeal process is described in the complaints flowchart.

How do I make an appeal?

See the shaded section of the complaints flowchart.

Appeals

The de-identified appeals and Annual Reports of the Compliance Panel can be found at Meeting summaries.

In this section

  • This flowchart outlines the complaints process for the Code of Practice for Health Workers and/or the Infant Nutrition Council Code of Practice for the Marketing of Infant Formula in New Zealand. Read more
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