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Infant feeding

Get advice and support with infant feeding from other users here.

Am I right in thinking it's illegal to discount formula for babies under six months?

31 replies

MadameMoe · 09/12/2009 15:07

Have I made it up? Is it European law or does it just apply in the UK?

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StealthPolarBear · 09/12/2009 15:10

it's part of the code I think, which the UK has signed up to, and yes, it's law. There's nothing stopping the discount being permanent iyswim, but it can't be on special offer, only to go back up to a higher price.

StealthPolarBear · 09/12/2009 15:12

Sorry, to clarify, it's part of a marketing code introduced for bm substitutes. Countries sign up to it and can make it law. They can also be stricter than the code.

StealthPolarBear · 09/12/2009 15:14

why do you ask?

MadameMoe · 09/12/2009 15:15

Mmm. OK. Thanks.

Around the corner from me there's a discount shop selling prem and stage 1 formula at 50% reduction. I mentioned it to the shopkeeper and she was beyond . TBH I think she though I was actually mad...

Do you think it applies in this case? Not in the UK so I'll have to check for certain that they've signed up here.

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MadameMoe · 09/12/2009 15:16

Do you happen to know the name of the code so I can check?

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tiktok · 09/12/2009 15:16

Not a code - the law.

The WHO code is an international code on marketing. The UK has not adopted this, nor signed up to it. The UK law is weaker, but does indeed proscribe discounting and direct advertising of infant formula.

You can check out the law in the UK here:

www.babyfeedinglawgroup.org.uk

StealthPolarBear · 09/12/2009 15:16

yes definitely!

tiktok · 09/12/2009 15:17

Madame, your local trading standards can act and prevent this shop from doing this. They can also prosecute.

tiktok · 09/12/2009 15:18

Where are you, MadameMoe?

In some countries there is no law at all preventing marketing (eg US).

StealthPolarBear · 09/12/2009 15:18

Restrictions on promotion of infant formulae
19. No person shall at any place where any infant formula is sold by retail?
(a) advertise any infant formula;
(b) make any special display of an infant formula designed to promote sales;
(c) give away?
(i) any infant formula as a free sample; or
(ii) any coupon which may be used to purchase an infant formula at a discount;
(d) promote the sale of an infant formula by means of premiums, special sales, loss- leaders or tie-in sales; or
(e) undertake any other promotional activity to induce the sale of an infant formula.
20. No manufacturer or distributor of any infant formula shall provide for promotional purposes any infant formula free or at a reduced or discounted price, or any gift designed to promote the sale of an infant formula, to?
(a) the general public;
(b) pregnant women;
(c) mothers; or
(d) members of the families of persons mentioned in sub-paragraphs (b) and (c) above,
either directly, or indirectly through the health care system or health workers.

from here: www.opsi.gov.uk/si/si1995/Uksi_19950077_en_1.htm

tiktok · 09/12/2009 15:19

Obv if you are not in the UK, then UK trading standards cannot apply.

StealthPolarBear · 09/12/2009 15:19

sorry, I just assumed you were from the UK

MadameMoe · 09/12/2009 15:22

Oh, thank goodness! I was really starting to doubt myself , she was SO certain I was wrong. Will still have to check if it applies here though. Am in the Netherlands, I've never seen any formula discounting here before.

She said ' I'll check it out '. If it's not gone tomorrow I'll report it, assuming I'm right.

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MadameMoe · 09/12/2009 15:25

Yup, it is applicable here too. Not sure if it actually applies though, everything in the shop is at a 50% discount rather than it being a special offer IYSWIM.

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StealthPolarBear · 09/12/2009 15:28

as far as I undertsnad it if it's going back up to full price then it's wrong. The supply at that price must be sustainable.
tiktok will correct me if I'm wrong - currently reading the Politics of Breastfeeding

tiktok · 09/12/2009 15:29

WHO code allows permanent discounting, as does the UK law (as I understand it). I am afraid I don't know about Dutch law!

tiktok · 09/12/2009 15:30

Personally, I don't mind permanent discounting of formula - the mark-up on formula is high and so are the profits. If it is permanently cheap in one particular place, no probs.

MadameMoe · 09/12/2009 15:32

No, wont be going back up in price, it's likely to be a limited stock. They seem to buy up stock from bankrupt chemists and sell it a 50% discount, when it's gone, it's gone. I think.

It's a new shop but I wouldn't be surprised to see them regularly having 'limited' stock IYSWIM.

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MadameMoe · 09/12/2009 15:34

Gah. Am confused . I only mentioned it because she seemed like a nice woman...

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StealthPolarBear · 09/12/2009 15:36

Well in that case they aren't going to continue offering it at that price so I would imagine the same applies. Interesting question though

ilovemydogandmrobama · 09/12/2009 15:44

Interesting point, but would say it would fall under the category of reduced or discounted price per s 20(2) if it's below the usual retail price -- i.e. other shops selling same or similar item.

tiktok · 09/12/2009 17:07

But this is Holland, ilove....who knows what the law is there?

ilovemydogandmrobama · 09/12/2009 17:10

The UK regulations are merely putting into UK law the EU Directive which would apply to Holland.

MadameMoe · 09/12/2009 17:42

I did have it in my mind that it was European law but I've no idea where I got that idea/info from (MN is my best guess).

Even if the law here were exactly the same as in the UK, it sounds like this may fall into a bit of a gray area.

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MadameMoe · 09/12/2009 17:44

I mean, it's not discounted for promotional purposes but because someone somewhere couldn't sell it (for whatever reason) and had to get rid of the stock.

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