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 sought 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 a consultation report on 11 April 2024. Both reports are available on the Department’s website. In a submission to the ACCC on 17 October 2024, the Department announced that the Government intends to introduce mandatory controls on infant formula marketing which it estimates will take 2 years. A copy of that submission is available below.
The Infant Nutrition Council sought authorisation to allow sufficient time for the Government to respond 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 an alternative regime is introduced.
Given the existing authorisation was soon to expire, the ACCC granted interim authorisation on 14 August 2024 to the Infant Nutrition Council to enable the MAIF Agreement and associated guidelines to continue to operate while the ACCC considered the substantive application.
On 20 September 2024, the ACCC issued a draft determination proposing to deny the application for re-authorisation.
The ACCC held a pre-decision conference on 28 October 2024 to allow interested parties to express their views on the application.
On 6 February 2025, the ACCC issued a final determination denying the application for revocation and substitution of a new authorisation.
The ACCC’s final determination, draft determination and interim authorisation, as well as a copy of the application for revocation and substitution, are available below.
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 | |
|---|---|---|
| Final Determination | ||
| Draft Determination | ||
| Interim authorisation |