Laws about advertising INFANT Formula Milks - advice please before I make an ars* out of myself!

[RedHead81]

The other day I got sent a pack from HIPP ORGANIC - They know how old my baby is (3 and a half months) because I signed up to their online baby club.

In the pack, they sent me a sachet of HIPP organic follow on milk (from 6mths)

Also a booklet advertising their Infant Formula Milk. (Complete with pictures of said Infant Formula) - I have attached 2 pics to my profile for you to see.

So....

1. Should they have sent me a sample, knowing that my baby is not yet 6mths?

1. Should they have advertised the infant milk at all???

I feel like I want to complain.

xx

You signed up to their club. They're bound to send you stuff surely?

Yes, but I'm sure there are laws regarding advertising infant milks regardless of whether I signed up to a club or not. I breastfeed and signed up to the club because it also gives advice on other non-feeding related topics.

www.channel4.com/news/articles/society/health/new%20baby%20milk%20rules%20condemned/1075367

Here you go. It would have been a marketing thing sent out to all in their club so not specificallt aimed at you. The marketing department may not have known your babies age, just the address. The rules are in regard to advertising (TV/magazine), not free samples.

Ok - so the sample I'm fine with now, BUT it states in the link you sent, AvenaLife that....
"Powdered milk for babies under six months old, known as infant formula, will only be advertised in trade-to-trade magazines and scientific journals after the new rules come into force in January.(meaning January 2008)"

What I recieved was not a trade to trade magazine, nor a scientific journal, so I should have good cause to complain???

Ohh! That's naughty!

You have cause to complain. I didn't see the advert before.

www.asa.org.uk/asa

Here you go.

Hipp sent me a formula sample. I have never signed on to their club. I just chucked it in the bin as i have no intention in ever giving ds formula [I am not a formula snob i am just happy breast feeding]. It annoys me when 6mnth+ milk is sent out. Because even if a mum has chosen to bf it may make her decide to choose to switch to formula at 6mnth because that is the done thing don'tcha know!!

Pisses me off. Before i actually actively sought out bf information and became a BosomB Buddy i though this was the norm too. And that sample would have reinforced this further.

I think formula has an importnat place in infant feeding but people should seek it out, if that is the choice they have made. I don't think the companies should push it on mothers.

I agree that they should not be sending it out to those who are not in their club. It is sneeky marketing, I'll have a look later to see if it against the ASA rules.

The formula milk companies never used to do this. I think it could be a very crafty way to get around the rules of promoting formula. Very naughty.

AvenaLife - I just complained to ASA - I thought it was wrong. I eargerly await their reply!

LittleMiss I agree with you about seeking it out if thats what you want - maybe from a health visitor? i bf ds1 for 15mths and was made to feel like a freak - i will be feeding ds2 for at least 2yrs

Redhead, this is not against the law

You signed up to the club, and they are permitted to send you marketing material. They can send you samples even when your baby is not of an age to use them.

It is of course against the WHO code on marketing.

ASA will have no views on it one way or the other - it's legal.

tiktok, even the booklet, did you see the pics i posted?

i thought there was a blanket ban on all infant milk advertising, until they are 6mths then they can advertise follow on milks???

anyone else have any thoughts???

Is it against the law even if you sign up for information? I can see why they would send it to you if you're a member of their club. For a pre 6mo baby the only product they offer is formula so maybe they assume that's what you're using. Any clubs I've joined know how old dd is as it's one of the registration questions.

I bow to Tiktok's superior knowledge though!

considering all they seem to sell is formula and jars of baby food, they probably think if you have signed up for their club you are interested in their products.
i am pretty sure that most companies that run these clubs do it as a marketing exercise and would probably not consider that somebody who is anti formula would sign up to something produced by a co that sells formula milk.

You can check the law here www.opsi.gov.uk/si/si1995/Uksi_19950077_en_1.htm

They are not allowed to advertise direct to mothers, but they can market to you if you have joined a club - this is not classed as advertising in the law, and all the formula milk manufacturers have, or have had, some sort of club.

Of course they ask you how old your baby is - that way they know when to target you with baby foods, toddler milks, and whatever else they think you might 'need'.

Under the WHO code, manufacturers are not permitted to seek direct contact with mothers, so clubs would not be allowed under the code...but the code is not law in the UK.

Read LittleMissBlisses post above. She's not part of the club yet they sent her one. This is direct marketing right?

They are not allowed to market to you direct without you asking - but in the past they have used different ways of getting you to sign up, by having 'free draws' at baby shows, where you leave your name, address and baby's age/stage of pg, and you have to tick a box not to be marketed to...and people don't see the box.

Ohh, that's sneaky! I expect people wouldn't even remember aswell.

The other way they have done it/continue to do it is to harvest names and addresses from vouchers and money-off coupons - again, you should be able to opt out of marketing, but people don't always, and as you say, Avenalife, it's easy to forget what you have signed up for.

This isn't advertising, anyway - its direct marketing - so the ASA have no remit over such communication. I think it would be the DMA (Direct Marketing Association) that you would have to complain to. However, since you opted to be sent info, I don't think you would have any grounds for complaint in their eyes.

The only baby related thing that i have signed up for is Bounty whilst in hospital. So i expect they got my information through them.

I just don't think they should send formula sample out full stop.

LittleMissBliss, of course you are right...they should not be sending stuff out, inc samples.

If you filled in a coupon/voucher for the Bounty book, then you may have omitted a 'No' tick box. I don't think Bounty routinely sell names and addresses and babies' ages to formula manufacturers, but maybe yours got through.

Going back to the "signing up to a club" thing - I signed up when I was pregnant, and gave them my due date because they had a thing on their site that gave you a week by week progress of your pregnancy, and also weaning advice, sleep advice etc...

I suppose it was my fault that i signed up for it really - wish I hadn't now. It just annoys me that people presume you will formula feed, rather than presume you will breast feed.

PLUS - I'm certain I didn't tick any boxes opting in for direct marketing from them - I am VERY careful with what i sign up for - the only thing i did sign up to was from huggies in boots for the free bag! lol (we don't even use disposables!!!

Maybe i should go back to the HiPP website and tell them not to send me anymore.

Thanks all for your info.

RedHead - but the emails and tips and so on are the marketing. The website for the club is pretty clear about what you'll get:

"Join TODAY and enjoy these great benefits*
Pack shown is weaning pack - sent out at 4 months. Contents may vary.Join Now!

• FREE welcome pack within two weeks of sign up
• FREE weaning pack once your baby reaches 4 months of age
• FREE 40 photo prints online with snapfish
• FREE pregnancy and baby emails relevant to you
• FREE baby offers and competitions
• FREE personal baby blog space
• FREE HiPP Chat forum
• FREE Key milestone online calendar

As a HiPP baby club member you'll receive timely emails throughout your pregnancy and the baby's first year. These will contain offers, competitions, advice and tips relevant to you and your baby. You'll also be able to create your own personal online baby blog complete with your own personal photo gallery and events calendar.

IMPORTANT NOTICE - mailing packs contain samples suitable for early weaning and will not be sent to members with babies aged 12 months or older. Offer restricted to one welcome and one weaning pack per household."

The sample of follow on you got should not be a surprise to you, and sadly, it is not illegal. All of these clubs are a sales tool for the formula manufacturers - they don't do them for fun!