Decoding the Monster Bill
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Quick Comparison of the Existing Laws v. the Consolidated Bill to Amend the Milk Code
www.chroniclesofanursingmom.com
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CurrentProposed (July 9 draft)Comments
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Health and Nutrition ClaimsProhibited under Sec. 16 of the Milk Code's RIRRPermitted under Sec. 36Claims such as gifted child, +7 IQ points, allergy prevention, etc.
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Donations of Infant Formula during emergencyProhibited under the Milk Code (Sec. 6) and its RIRR (Sec. 18, 19, 20, 51). Permitted under Sec. 47Established international standards and practices emphasize promotion of breastfeeding during emergencies
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AdvertisingProhibited for 0-12mos under Milk Code and RIRR (definition). Regulated for young children up to 36 months and beyond (as defined under the RIRR and SC Case of PHAP v. Duque)Prohibited for 0-6 mos. but fully permitted for babies 6 months and beyond under Sec. 32WHO studies have shown that Filipino mothers are highly influenced by the advertisements of milk companies
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Donation of Informational and Educational Equipment with milk company logoProhibited under Sec. 21 of the Milk Code's RIRRPermitted under Sec. 26Subtle marketing tactics to promote milk company's products
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Involvement in information, education and communication materials and activities on breastfeedingProhibited under Sec. 22 of the Milk Code's RIRRPermitted under Sec. 21(c) By allowing the milk companies to participate, the monster bill ignores the clear conflict of interest - milk companies will want to increase sales of their infant formula - breastfeeding is their competitor.
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Giving of gifts of any sort to the publicProhibited under Sec. 6(b) of the Milk CodeProhibition is limited to gifts to promote covered products intended for infants from birth to six (6) months (Sec. 42)The proposed bill will allow manufacturers, distributors and representatives to freely give gifts as long as it is not used to promote products for babies from birth to 6 months. This removes the general and absolute prohibition on gifts under the Milk Code
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Review of Orders or DecisionsUnder Sec. 33 - directly towards regular courtsPotential to seek injunction, harassment suits
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Changes in the July 9 draft (v. May 9 draft)
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Bilingual LabellingRequired under Sec. 26 of the Milk Code's RIRRNot required under Sec. 34g of May 9 draft. Now required under Sec. 35 of the July 9 draftLabels will most likely be in English which cannot be understood by a lot of affected consumers
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Lactation PeriodPaid under Sec. 7 of RA10028Unpaid under Sec. 8d of May 9 draft. Now paid under Sec. 8d of July 9 draftIPNAP claims this was an error due to wayward construction. Similarly authors Cong. Noel, etc. claim "unpaid" was erroneous
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