Description of Conduct
On 25 March 2024, Infant Nutrition Council Limited lodged an application for authorisation to allow current and future manufacturers in, and importers into, Australia of infant formula to continue to make and give effect to the Marketing in Australia of Infant Formula: Manufacturers and Importers Agreement (MAIF Agreement) and its associated guidelines. The MAIF Agreement is a voluntary self-regulatory code of conduct which governs the marketing of infant formula for infants up to 12 months. It forms part of Australia's response to its obligations as a signatory to the World Health Organisation's International Code of Marketing of Breast Milk Substitutes.
The Infant Nutrition Council is seeking authorisation without conditions for 5 years. The Department of Health and Aged Care commissioned an independent review of the MAIF Agreement and published a final report and consultation report on 11 April 2024. Both reports are available on the Department’s website. The nature and timing of any Federal Government response to the review is currently unknown.
The Infant Nutrition Council seeks authorisation to allow sufficient time for industry to respond to any Federal Government response to the MAIF review before seeking re-authorisation for the MAIF Agreement in the future, and to ensure that a framework remains in place until any alternative regime is introduced.
Given the existing authorisation was soon to expire, the ACCC granted interim authorisation on 14 August 2024 to Infant Nutrition Council to enable the MAIF Agreement and associated guidelines to continue to operate while the ACCC considers the substantive application. A copy of the ACCC’s interim authorisation decision is available under the Decisions heading below.
On 20 September 2024, the ACCC issued a draft determination proposing to deny the application for re-authorisation. A copy of the draft determination is available under the Decisions heading below.
The ACCC held a pre-decision conference on 28 October 2024 to allow interested parties to express their views on the application.
The ACCC invites the views of interested parties in response to the pre-decision conference. Submissions are requested by 11 November 2024. If you wish to make a submission in relation to this matter, please lodge it via this web form.
|
|---|
Applicant(s)
- Infant Nutrition Council Ltd
Applications
| Document title | Date | |
|---|---|---|
| New Party to the Agreement – Fonterra Oceania | ||
| Request for interim authorisation | ||
| Application Received |
Decisions
| Document title | Date | |
|---|---|---|
| Draft Determination | ||
| Interim authorisation |