Implementation of the International Code of Marketing of Breastmilk Substitutes
Key Questions: What action, if any, has been taken to implement the International Code of Marketing? And has it been implemented into national legislation?
The International Code of Marketing of Breastmilk Substitutes (The Code) was adopted by the World Health Assembly (WHA) in 1981 and has been updated every two years with further WHA resolutions. Member states are expected to give effect to the code through full adoption as a minimum requirement. As a member state of the WHA, Australia is a signatory to the Code.
The aim of the Code is to protect breastfeeding by restricting unethical marketing of breastmilk substitutes – which are defined as all food and drinks marketed for babies and toddlers up to 36months of age, along with bottles and teats. The commercial milk formula industry should not be able to continue using their aggressive marketing tactics that target pregnant women, new mothers and health workers. Often these tactics include false claims or subtle messaging that insinuates that the product is equal to breastfeeding, or will promote sleep, eroding confidence in breastfeeding. The goal of this indicator in the WBTi assessment is to review the level of implementation of the articles of the Code and whether they are enshrined in law and if there are adequate monitoring and enforcement of these. In 2023 Australia scored 5/10 for this indicator.
Australia has some articles of the Code in law, in the form of labelling regulations under the Food Standards Australia and New Zealand (FSANZ). Monitoring and enforcement of these regulations relies on members of the public reporting concerns to the delegated Food Safety authority in each jurisdiction. From 1993-2024 Australia had a voluntary agreement called the Marketing in Australia of Infant Formulas: Manufacturers and Importers (MAIF) Agreement, that restricted the marketing of infant formula products by infant formula importers and manufacturers.
In 2024 the ACCC declined to reauthorise the agreement citing that it had not fulfilled its purpose in protecting breastfeeding rates or ensuring overall public benefit. Since then, the Australian Department of Health, Disability and Ageing (DOHDA) has been working towards creating a regulatory framework.
At the time of publishing (April 2026) a discussion paper has been released by the department with a request for public response via an online survey prior to 17 April. https://consultations.health.gov.au/chronic-disease-and-food-policy-branch/restricting-infant-formula-marketing-in-australia/
The WBTiAUS team has been actively involved in advocacy work to see full implementation of the Code in Australia. We have developed and made submissions, attended consultations, and worked with our partners and allies to ensure consistent messaging. This has included working with the Australian Breastfeeding Association, the Public Health Association of Australia and the Infant and Toddler Foods Research Alliance.
We hope that when the next WBTiAUS assessment is completed the new regulatory framework will be in place.
World Breastfeeding Trends initiative Australia 