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 constitutes Australia's application of 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 has 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 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.

The ACCC invites the views of interested parties on this application. Submissions are requested by 30 June 2024. If you wish to make a submission in relation to this matter, please lodge it via this web form.

An indicative timetable is set out below:

Indicative date

Stage in assessment process

25 March 2024

Lodgement of application and supporting submission.

2 April 2024

Public consultation process begins.

30 June 2024

Closing date for submissions from interested parties.

July 2024

Applicant responds to issues raised in the public consultation process.

August 2024

ACCC decision regarding interim authorisation

September/October 2024

Draft determination.

October 2024

Public consultation on draft determination including any conference if called.

October/November 2024

Final determination.

Applicant(s)

  • Infant Nutrition Council Ltd

Authorisation number(s)

  • AA1000665-1

Applications

Document title Date
Annexure 1 - The MAIF Agreement
Annexure 2 - List of current signatories to the MAIF Agreement
Annexure 3 - Guidance document for interpretation of the MAIF Agreement - Information and education (clause 4)
Annexure 4 - Guidance document for interpretation of the MAIF Agreement - General public and parents and or carers (clause 5a)
Annexure 5 - Guidance document for interpretation of the MAIF Agreement - Specific and factual information provided to healthcare professionals (clause 7a)
Annexure 6 - Guidance document for interpretation of the MAIF Agreement - Electronic media
Annexure 7 - Guidance document for interpretation of the MAIF Agreement - Appropriate age range on infant formula labels (clauses 5a and 9b)
Annexure 8 - Guidelines developed by the former Advisory Panel on the Marketing in Australia of Infant Formula related to financial incentives (clause 7c)
Annexure 9 - Interim guidance document on the interpretation of clause 5a of the MAIF Agreement and social media
Annexure 10 - INC Policy - Best-practice Guidance for INC Members for the Marketing of Toddler Milk Drinks to Consumer
Annexure 11 - INC Policy - Information for retailers brochure
Annexure 12 - INC Policy - Breastfeeding Policy
Annexure 13 - INC Policy - Guidance on Interactions with Healthcare Professionals
Annexure 14 - INC Policy - Distribution of Infant Formula Samples to Healthcare Professionals
Annexure 15 - INC - Template Infant Formula Samples Request Form (Australia)
Annexure 16 - INC Policy - Compliance Dispute Resolution Process
Show all documents (13 more)

Consultations

Submissions - before draft decision

Document title Date
Julie Smith
Breastfeeding Advocacy Australia
An Individual
Libby Salmon
Ros Fleetwood
Natalie Jounquay
Uniting Church in Australia, Synod of Victoria and Tasmania
Kirsten Tannenbaum
Rosemary Stanton
Australian Research Centre for Health Equity, The Australian National University
World Breastfeeding Trends Initiative Australia
Australian College of Midwives
Renee Oldenhof
Australian Breastfeeding Association (ABA)
Janice Smith
Chirgwin Counselling
Public Health Association of Australia
Australian Department of Health and Aged Care
Breastfeeding Coalition Tasmania
Australian Medical Association
Infant and Toddler Foods Research Alliance
Emily Dickson
Elisabeth Wilson
Naomi Hull
Food for Health Alliance
Nestle Australia Ltd
Health and Wellbeing Queensland
Anne Buckingham
Food Standards Australia New Zealand
An Individual
An Individual
Sally Eldridge
An Individual
Donna Clayton-Smith
Margaret Grove
Lactation Consultants of Australia and New Zealand
World Breastfeeding Trends Initiative Australia
Dietitians Australia
Dr Julianne McGuire
Australian Food and Grocery Council
Nutricia Australia Pty Limited (Danone)
Australian Nursing and Midwifery Federation
Susanna Irene Scurry
Show all documents (40 more)