Policy

Mandatory

September 2017

The Nestlé Policy and Procedures

for the Implementation of the WHO
International Code of Marketing
of Breast Milk Substitutes
Policy
Mandatory Issuing department
Global Public Affairs
September 2017
Target audience
All employees, interested members of the public

Approver
Executive Board of Nestlé S.A.

Repository
All Nestlé Principles and Policies, Standards and Guidelines
can be found in NestleDocs, on the Nest

Copyright and confidentiality

All rights belong to Nestec Ltd., Vevey, Switzerland.
© 2017, Nestec Ltd.

Note:
The «Management Responsibilities» section
has been updated in March 2019
to reflect internal organizational changes.

Design
Nestec Ltd., Corporate Identity & Design,
Vevey, Switzerland
 Table of Contents

2 Introduction
3 The importance of breastfeeding
3 Supporting & protecting breastfeeding
4 The evolution of our policy
5 The scope of the Policy & Procedures
6 5 Principles of our WHO Code Management System
7  Compliance
8   Good Governance
9  Transparency
9   Constructive Engagement
10   Continuous Improvement
11 Going forward: working together

13 Annex A Nestlé Procedures for the Implementation of the WHO Code in higher-risk Countries
5
2 Annex B WHO International Code of Marketing of Breast Milk Substitutes (Article 3) –
Definitions

Nestlé Policy and Procedures for the Implementation of the WHO Code 1
 Introduction

Nestlé’s purpose is to enhance quality of life The Policy and Procedures in this document
and contribute to a healthier future. Supporting explain how we support and protect breast-
the first 1000 days of life is fundamental to this feeding across our company and within our
purpose. It is a privilege to accompany many sphere of influence. Compliance with national
millions of parents, babies and caregivers all legislation implementing the WHO Code, as
over the world on this journey, and to do all we well as this Policy and Procedures, is a central
can to make sure children have the best possible expression of our values, rooted in respect. It is
nutritional start in life. mandatory for all Nestlé employees and any third
We value the trust our consumers place in us, party acting with our authorisation.
and it is our responsibility to respect this trust by Securing healthy and prosperous futures for
acting in their best interests at all times. children around the world is an aspiration that
In 1867, our founder Henri Nestlé invented unites all concerned stakeholders, including
‘farine lactée’ to save the life of a child suffering Nestlé. To achieve this, we will continue to play
from malnutrition. Today, we are inspired by his a leading role through constructive engagement
example to enhance the wellbeing and health of with parents, governments, healthcare providers,
babies, by empowering their parents, caregivers civil society and others, to do all we can to
and healthcare providers. contribute to a healthier future together.
We believe breast milk is the best nutritional
choice for an infant. Breastfeeding plays a critical
role in a baby’s growth and development during
the first 1000 days. It is the ideal source of
nutrition, helps to build a strong immune system
and fosters a strong bond between mother and
baby.
That is why we promote and support the
World Health Organization (WHO) infant feeding
recommendations, and why we are committed
to supporting and protecting breastfeeding. Mark Schneider
Healthcare professionals play a key role in Chief Executive Officer Nestlé S.A
providing parents with objective nutrition advice
for feeding their infants and young children.
When in consultation with their healthcare
professionals, mothers and families have
determined that optimal breastfeeding is not
possible, it is vital their babies are fed with the
highest quality, scientifically proven breast milk
substitutes to help them thrive. We are guided
by the WHO International Code of Marketing of
Breast Milk Substitutes as to market our infant
formulas responsibly.

2 Nestlé Policy and Procedures for the Implementation of the WHO Code
 The importance of breastfeeding

The nutrition babies receive during their first 1000 It is also beneficial for the mother’s health:
days has an important influence on their lifelong • Enabling her to recover faster after childbirth;
health. We believe that breast milk is the ideal • Protecting her against certain diseases.
source of nutrition for babies.
That is why we support and promote the In cases where breastfeeding is not an option
WHO recommendation of six months’ exclusive for babies, it is critical that they are fed with the
breastfeeding, followed by the introduction of highest quality, scientifically-proven alternative to
adequate nutritious complementary foods, along help them grow, thrive and stay healthy.
with sustained breastfeeding up to two years of When seeking an alternative to breast milk,
age and beyond. it is essential that families and caregivers make
informed decisions. We recommend that they
Breastfeeding plays a key role for the health and speak with a healthcare professional (HCP) when
development of infants by: considering how and what to feed their infants.
• Providing ideal nutrition for healthy growth and
development; We are committed to supporting
• Helping to build up a strong immune system; and protecting breastfeeding by continuing
• Encouraging a strong bond between mother to implement an industry-leading policy
and baby. to market breast milk substitutes responsibly.

Supporting & protecting breastfeeding

Supporting breastfeeding Protecting breastfeeding

We have a responsibility to support breastfeeding We also have a responsibility to protect
and we do so through a range of activities, breastfeeding, which we do by continuing to
including: implement an industry-leading policy to market
• Educating parents and caregivers on optimal breast milk substitutes responsibly.
nutrition and appropriate feeding practices As a minimum, globally, this means
in the first 1000 days of life – including complying with the WHO International Code
breastfeeding as the best nutritional start in of Marketing of Breast Milk Substitutes (WHO
life. Code), and all relevant subsequent World Health
• Supporting a conducive environment to Assembly (WHA) resolutions as implemented by
breastfeed: governments all over the world.
• Our Global Maternity Protection Policy In addition to this, in ‘higher risk’ countries 1,
gives female employees up to six months’ we apply the provisions of Annex A when they
maternity leave, as well as providing flexible are stricter than local legislation implementing
work arrangements, and hundreds of the WHO Code, unless otherwise mandatorily
breastfeeding rooms in our facilities. required by local legislation.
• We partner with governments and
civil society around the world to make
breastfeeding rooms available.

1 The term “Higher-risk countries” is defined under the

section Geographical scope

Nestlé Policy and Procedures for the Implementation of the WHO Code 3
 The evolution of our policy

In 1981, the World Health Organization (WHO) As a result, in 2011 Nestlé became the first BMS
adopted the WHO International Code of manufacturer to be included in the FTSE4Good
Marketing of Breast Milk Substitutes. It is more index. For several years, we remained the only
commonly known as the ‘WHO Code’. It is a manufacturer that met their strict 104 BMS
set of recommendations for WHO’s Member marketing criteria.
States to regulate the marketing of breast Over the years, we have continuously evolved
milk substitutes, feeding bottles and teats. It our Policy, based on close attention to the needs
states that governments should take action to of families, feedback from governments and
give effect to its aim and principles, through civil society as well as our own experience. The
legislation or other means. improvements we have made include:
In February 1982, Nestlé first issued a set • Global implementation of our internal and
of instructions on how to implement the WHO external grievance mechanisms;
Code into our infant formula sales and marketing • Increased transparency of our HCP
practices. In October 1982 these instructions sponsorship process;
were revised after consultation with many • Enhanced internal audit procedures to include
parties, including the WHO and the United interviews with HCPs;
Nations International Children’s Emergency Fund • The publication of our Standard for Donations
(UNICEF). or Low-Cost Supplies for use in Emergencies
Subsequent revisions of the Policy took place and for Social Purposes;
in 1996, and 2004, based on practical experience • Amplification of our communication of our
and the issuance of WHA Resolutions in relation policy concerning Code compliance with our
to the WHO Code. distributors and customers;
In 2010 we completely revised our Policy • Strengthening our internal reporting
and Procedures to meet the FTSE4Good mechanisms: results of our internal
Inclusion Criteria for the Marketing of Breast Milk compliance monitoring are now reported
Substitutes. annually to our Board of Directors.

4 Nestlé Policy and Procedures for the Implementation of the WHO Code
 The scope of the Policy & Procedures

Organisational scope Product scope

This Policy applies to the entire Nestlé Group. This Policy applies to the marketing of all products
Compliance with the Policy is mandatory for all specified in local legislation implementing the
Nestlé employees and third parties acting under WHO Code.
Nestlé’s authorisation. In higher-risk countries, this Policy applies
Nestlé respects the limitations set by local to all infant and follow-up formulas designed to
regulations and anti-trust laws. satisfy the nutritional requirements of infants
We have no direct influence on third party from birth to 12 months, including infant and
businesses with no direct-service relationship follow-up formulas classified as Food for Special
with Nestlé. Medical Purposes (iFSMPs) under local legislation
Wherever this Policy refers to the provision and which fall within the product range listed on
of information, it applies to all tangible and Nestlé’s corporate website (Ask Nestlé – What is
electronic forms of communication, including the WHO Code?)
digital platforms such as e-commerce.

Geographical scope
This Policy applies globally in all countries where
Nestlé operates.
In all countries, we comply with government
legislation implementing the WHO Code.
In addition, in ‘higher-risk’ countries, many of
which have not yet fully implemented the WHO
Code, we will apply the provisions of the Nestlé
Procedures (Annex A), which give Nestlé and
relevant third parties clear guidance on marketing
procedures.
In higher-risk countries, we follow the Nestlé
Procedures when they are stricter than the local
legislation, unless otherwise mandatorily required
by the government.
Higher-risk countries are countries where the
health and nutrition of children are under greater
risk. They are defined within the FTSE4Good BMS
Marketing Criteria as those which meet either of
these two criteria 2:
• More than ten per 1000 mortality rate under
the age of five;
• More than 2% acute malnutrition (moderate
and severe wasting) in children under five years
of age.
All other countries are categorised as “lower risk”.

2 Based on annual data from UNICEF’s State of the World’s

Children Report, which is available on the UNICEF
website: http://www.unicef.org/sowc/.

Nestlé Policy and Procedures for the Implementation of the WHO Code 5
 5 Principles of our WHO Code Management
System
Our commitment to support breastfeeding
and protect it by continuing to implement an
industry-leading policy to market breast milk
substitutes responsibly is driven by five key
principles. Respect is at the core of each of these
principles.

Compliance

1
Continuous
Improvement Good
Governance
5 2

Respect

4 3
Constructive
Transparency
Engagement

6 Nestlé Policy and Procedures for the Implementation of the WHO Code
1. Compliance

The first and most fundamental expression of • We investigate allegations of non-compliance

our respect for mothers, babies and society is with the WHO Code by benchmarking them
compliance with the law and our Policy and against our Policy and Procedures, and
Procedures. promptly take corrective action as required.
We have put in place a set of mechanisms to
ensure compliance, and to quickly detect and c. Contractual provisions
address any instances of non-compliance that do • We include WHO Code compliance clauses
occur. in our formal agreements with third parties
involved in BMS marketing or sales activities,
a. Training and in higher-risk countries where it is
• All employees in our infant nutrition business permitted under local legislation.
are trained on the importance of supporting
and protecting breastfeeding, including the d. Disciplinary measures
WHO Code. • Our employees are fully aware that the ultimate
• In higher-risk countries, we also provide regular sanction for non-compliance is dismissal.
training to help third parties, with whom we • We will take disciplinary measures against
have a direct service relationship, to comply our employees who deliberately violate this
with our Policy and Procedures and national Policy or the local legislation implementing the
legislation implementing the WHO Code. WHO Code, when appropriate and where it is
permitted under local legislation.
b. Verifications • When third parties with whom we have a
• We voluntarily submit our practices for direct service relationship violate the Policy
verification to ensure compliance with the and Procedures or the local legislation
Policy and Procedures, as well as all local implementing the WHO Code, we will require
measures implementing the WHO Code, them to take appropriate corrective actions
regardless of whether or not a governmental where permitted under local legislation.
monitoring system is in place. Our monitoring • Where we have no direct service relationship
system includes: with a third party our ability to influence their
• Routine internal monitoring which is behaviour is limited. However, we will inform
performed by our staff at country level them of the violation in writing and ask them
during routine work activities (e.g. visits to to take appropriate corrective action where
retailers, reviews, etc.). permitted under local legislation.
• Internal Audits which are conducted each
year in a number of lower and higher-risk
countries in which we operate to verify our
adherence to our policies, procedures and
national legislations implementing the WHO
Code.
• External verifications commissioned
by Nestlé take place each year. An
internationally recognised certification
agency verifies our infant formula
marketing practices in two to three higher
risk countries. Assurance Statements
concerning these verifications are published
on our global corporate website.
• External verifications commissioned
by independent stakeholders. Our
practices are externally assessed every 18
months by the audit firm selected by FTSE
Russell as part of its FTSE4Good BMS
Verification Process. The Access to Nutrition
Foundation (ATNF) also regularly assesses
our marketing practices in several countries.
We collaborate with external stakeholders
who conduct independent verifications of
our practices.

Nestlé Policy and Procedures for the Implementation of the WHO Code 7
2. Good Governance

A respectful approach requires a comprehensive monitoring system. In lower risk countries, this
set of good governance mechanisms. These responsibility is under the scope of the Market
ensure that we have robust processes in place for Compliance Manager.
making and implementing decisions relating to •
the WHO Code. c. Corporate WHO Code Compliance
Committees
a. Separation of duty • The Global and Local WHO Code Compliance
• At Corporate level, policy setting, verification Committees oversee compliance with the
and external reporting functions are overseen Policy and Procedures, the national regulations
by departments that are separate from the implementing the WHO Code, and the
infant nutrition business. FTSE4Good BMS criteria.
• The Global Code Compliance Committee
b. Management responsibility includes three Executive Board members
• The Chief Executive Officer (CEO) of and Global Public Affairs manages its
Nestlé S.A. is ultimately responsible administration.
for ensuring compliance with the Policy • In all higher-risk countries, the local WHO
and Procedures. A yearly report on the Code Compliance Committees, which are
substantiated instances of non-compliance composed of relevant members of the local
with the Nestlé Policy and Procedures management, advise and oversee compliance
for the Implementation of the WHO Code, of activities with the Policy and Procedures and
and national legislation implementing the local legislation, as well as manage instances
WHO Code, is submitted to the CEO of of non-compliance.
Nestlé S.A.
• The Zone CEOs, who are members of the d. Grievance Mechanisms
Nestlé S.A. Executive Board, are delegated • Internal and external grievance mechanisms
by the CEO of Nestlé S.A. to be responsible are widely accessible, so that both our
for implementing and monitoring the employees and external stakeholders can raise
Policy and Procedures in their respective concerns about our business practices:
geographies. • Internal: The WHO Code Ombudsperson
• The Head of Nutrition Strategic Business System allows all employees of the
Unit (SBU) is responsible for guiding the Nestlé Group, in both lower and higher
Zones in the implementation and monitoring risk countries, to alert the company of
of the Policy and Procedures, in their potential instances of non-compliance
respective geographies; he oversees the inline with our Policy and Procedure and/
compliance management systems in the zones or local legislation, and seek advice or raise
and the implementation of the decisions concerns with regards to the marketing
from the Global WHO Code Compliance of Infant Nutrition products. They can do
Committee. this in an anonymous and confidential way
• The Nestlé Market Head, who remains outside the line management structure.
accountable in his/her geography for The Group WHO Code Ombudsperson is
compliance with all policies related to the the Head of Group HR & Business Services,
Nestlé Corporate Business Principles across who is a member of the Executive Board
all our businesses, has joint oversight of the and who chairs the Global Code Compliance
Policy and Procedures. Committee. The Country WHO Code
• The Nestlé Nutrition Business Executive Ombudsperson and the Group WHO Code
Officer is responsible for implementing, Ombudsperson are not involved in the day-
monitoring and overseeing this Policy and to-day management of our infant nutrition
Procedures in his or her geography. business.
• The Market WHO Code Compliance • External: The “Tell Us” system provides all
Manager ensures that national measures our external stakeholders with a dedicated
implementing the WHO Code and the Policy communication tool for reporting potential
and Procedures are implemented in each instances of non-compliance with our
higher-risk country, including translating Corporate Business Principles, policies
those into a local WHO Code policies and and applicable laws, including WHO Code-
procedures manual. He/she makes sure related matters. It is available worldwide
that any non-compliance at country level is 24 hours a day, 7 days a week, on our
quickly addressed and reported in the central global and all markets’ corporate websites.

8 Nestlé Policy and Procedures for the Implementation of the WHO Code
 External stakeholders may file an electronic • Direct correspondence: External
report through a web form or by calling a stakeholders can also share their concerns
toll-free number. Messengers may choose via email or letters.
to remain anonymous.

3. Transparency

Transparency with consumers and stakeholders • Compliance reports:

is also an important principle to demonstrate • Annual external reports summarising all
accountability and build trust, both internally and instances of non-compliance with our Policy
externally. and Procedures and national legislation
implementing the WHO Code, as identified
We make the following information publicly through all internal and external monitoring
available: mechanisms, and the corrective actions
• Our 2020 commitments relating to the first taken.
1000 days. • FTSE4Good Verification reports and
• Our policies and procedures on a range of Nestlé’s responses.
topics, including: • Assurance statements by external
• The Nestlé Corporate Business Principles; auditors.
• The Nestlé Code of Business Conduct;
• The Nestlé Policy on Transparent Interactions • Position papers on maternal, infant and
with Public Authorities; young child nutrition
• The Nestlé Standard for Donations or Low • Responses to formal allegations of non-
Cost Supplies for use in Emergencies and for compliance with the WHO Code
Social Purposes. • Ask Nestlé, a set of answers to important
questions that we have received regarding our
practices is available on our corporate website.

4. Constructive Engagement

Securing healthy and prosperous futures for a. Stakeholder collaboration

mothers and children around the world is an Our regular stakeholder convenings provide
aspiration that unites all concerned stakeholders, crucial opportunities for us to listen and to build
including Nestlé. Achieving this requires a better understanding of our role in addressing
constructive engagement and collaboration critical societal issues. The interaction facilitates
by all parties. Hence, we will continue to lead the collective action and promotes trust and mutual
industry towards higher responsible marketing respect. Feedback or comments on our practices
standards and to work closely with governments, are taken to senior management, and we follow
public institutions and civil society, to carry out up as appropriate. Nestlé stakeholder convenings
the actions needed to benefit future generations. are hosted and organised by external experts
When engaging with policy makers, we follow to ensure we receive independent opinions and
the Nestlé Policy on Transparent Interactions with feedback.
Public Authorities.
b. Government support
Nestlé works closely with all concerned
stakeholders, including governments, industry
and civil society organisations, to promote
responsible business conduct and establish

Nestlé Policy and Procedures for the Implementation of the WHO Code 9
 accepted standards for assessing the marketing develop national regulations and other suitable
of BMS. measures aiming to enact the WHO Code; and
We are also ready to play a leading role c) oversee the application of national measures
to support national efforts to: a) promote a implementing the WHO Code.
conducive environment for breastfeeding; b)

5. Continuous Improvement

No matter how effective our systems become, Integrating learnings

there is always room for improvement. • We integrate the learnings from the findings
of numerous verifications and audits, the
implementation of the Policy and Procedures at
country level, changes in local legislation, and
our engagement with stakeholders to improve
our practices relating to the responsible
marketing of BMS. When needed, we make
swift improvements to our procedures and in
our operations worldwide.

10 Nestlé Policy and Procedures for the Implementation of the WHO Code
 Going forward: working together

Working together, we can make a huge impact are committed to invest in research to provide
on the health of future generations. Coordinated innovative and science-based nutrition solutions
action on key areas of focus could make a real for mothers and children. Where breastfeeding is
difference, and Nestlé will continue to play a not possible, we provide breast milk substitutes.
leading role to create positive change. We also provide a wide range of complementary
foods which are specifically formulated to meet
Help mothers breastfeed the nutrition needs of a growing child.
Unquestionably, breastfeeding is the natural way We also invest in research to obtain a deep
to feed an infant. Though breastfeeding rates understanding of the actual eating habits of
have steadily increased over the past few decades mothers and infants in the first 1000 days.
and most mothers initiate breastfeeding, only This serves as input for our innovations and
slightly more than a third of infants are exclusively our education programmes to support parents
breastfed up to the age of six months. Women and caregivers so that they can make informed
returning to work is the leading cause for early nutritional choices for their families. We share the
cessation and numerous women state that they results of our wide-ranging research on nutrition
do not receive sufficient support to continue to with healthcare professionals to keep them up-to-
breastfeed. We believe women need a conducive date with the latest scientific developments in
environment to breastfeed, including maternity maternal, infant and young nutrition.
protection and paid leave, widely available
breastfeeding rooms and counselling as well At Nestlé, we are committed to enhancing
as access to fact-based information adapted to the quality of life of mothers and children and
their individual context. We will continue to help to contributing to a healthier future, and we
promote the availability of these services. welcome opportunities to work with others to
make this happen.
Support countries as they translate the
recommendations of the WHO Code into
national regulations
More than 35 years after its adoption, only
39 countries have implemented all the
recommendations of the WHO Code. To rapidly
accelerate progress, all countries that are yet to
do so could pass regulations aligned with the
minimum standards set by the FTSE4Good BMS
Criteria, taking into account their specific national
context. The FTSE4Good BMS Criteria have been
adopted by two of the largest BMS manufacturers
and have been effective in improving company
marketing practices. Focusing resources on
creating a world-wide level playing field would
be a decisive step toward global efforts to
protect breastfeeding which could be followed
by incremental progress on other child nutrition
issues requiring attention.

Promote healthy diets for women and

children
Every mother and child deserves the best
nutrition. However, parents, caregivers and
healthcare professionals often lack the necessary
knowledge about appropriate nutrition and eating
practices.
At Nestlé, we believe that breast milk is the
ideal nutrition for babies. This is why we support
and promote the World Health Organization’s
recommendation of six months’ exclusive
breastfeeding followed by the introduction of
adequate nutritious complementary food. We

Nestlé Policy and Procedures for the Implementation of the WHO Code 11
12 Nestlé Policy and Procedures for the Implementation of the WHO Code
 Annex A

Nestlé Procedures for the Implementation of

the WHO Code in higher-risk Countries

Nestlé Policy and Procedures for the Implementation of the WHO Code 13
WHO Code Nestlé Procedures

Article 1 Aim of the Code Article 1 Aim of the Code

The aim of this Code is to contribute to the Nestlé fully supports the aim of the WHO Code.
provision of safe and adequate nutrition for
infants, by the protection and promotion of
breastfeeding, and by ensuring the proper
use of breast milk substitutes, when these are
necessary, on the basis of adequate information
and through appropriate marketing and
distribution.

Article 2 Scope of the Code Article 2 Scope of the Code

The Code applies to the marketing and practices These Procedures apply to “higher-risk” countries
related thereto, of the following products: as defined in the Policy Section of this document.
breast milk substitutes, including infant formula;
other milk products, food and beverages, Product Scope
including bottle-fed complementary foods, i. All infant and follow-up formulas designed to
when marketed or otherwise represented to satisfy the nutritional requirements of healthy
be suitable, with or without modification, for infants from birth 1 to 12 months;
use as a partial or total replacement of breast ii. The scope of products also includes infant and
milk; feeding bottles and teats. It also applies to follow-up formulas for infants from birth to
their quality and availability, and to information 12 months that are classified as Food for Special
concerning their use. Medical Purposes (iFSMPs) under local legislation
in a country and which fall within the product
range listed on Nestlé’s Corporate website
(Ask Nestlé – What is the WHO Code?);
iii. Bottles and teats.

Products mentioned under (i) and (ii) above will

be collectively referred to as INFANT FORMULAS
throughout this document, except where
otherwise specified.

These Procedures do not apply to:

i. Complementary food and drinks for infants, when
labelled for use after six months of age or such
a lower age as may be mandatorily required by
local legislation, provided they do not contain
instructions for modification for use as a BMS;
ii. Products which do not fall within the definition
of INFANT FORMULA above, particularly those
classified as iFSMPs or their equivalent in a coun-
try (other than the product range mentioned under
(ii) above), that are designed for infants with
medical conditions who are unable to absorb,
digest or metabolise breast milk or standard infant
formula as a sole source of nutrition, are under
medical supervision and are at risk of death or
compromised growth and developmental
potential without access to these products.
1 Healthy infants are categorised as those with no special medical iii. Milk products not adapted for infant feeding.
needs and who do not require medical supervision. (See Article 9.3)

14 Nestlé Policy and Procedures for the Implementation of the WHO Code
WHO Code Nestlé Procedures

Article 3 Definitions Article 3 Definitions

See Annex B

Article 4 Information and Education Article 4 Information and Education

Article 4.1 Governments should have the responsibility to Article 4.1 Nestlé is ready to support governments’
ensure that objective and consistent information efforts to fulfil their responsibilities under the
is provided on infant and young child feeding for WHO Code. Refer to section on Constructive
use by families and those involved in the field of Engagement in this Policy.
infant and young child nutrition. This responsibil-
ity should cover the planning, provision, design
and dissemination of information, or their control.

Article 4.2 Informational and educational materials, whether Article 4.2 All infant feeding information intended for preg-
written, audio or visual, dealing with the feeding nant women and mothers of infants must contain
of infants and intended to reach pregnant a statement regarding each of the points (a) to (e)
women and mothers of infants and young contained in this article of the WHO Code. Mate-
children, should include clear information on all rials should not use any baby pictures, images
the following points: or text which may idealise the use of breast milk
a. the benefits and superiority of breastfeeding; substitutes. Nestlé considers idealisation to be
b. maternal nutrition, and the preparation for and any communication implying that INFANT
maintenance of breastfeeding; FORMULAS are superior or equal to breast milk.
c. the negative effect on breastfeeding of
introducing partial bottle-feeding; Only information intended for mothers that deals
d. the difficulty of reversing the decision not to with the explanation and instructions for use of a
breastfeed; and specific INFANT FORMULA may bear corporate
e. where needed, the proper use of infant formula, and product brands. These materials must
whether manufactured industrially or home- contain the additional information specified under
prepared. Article 4.2 of the WHO Code. These may include
the image of a label of the specific INFANT
When such materials contain information about FORMULA in order to avoid confusion with other
the use of infant formula, they should include the formula products or milk products inappropriate
social and financial implications of its use; the for use as INFANT FORMULAS. Materials on
health hazards of inappropriate foods or feeding the use of INFANT FORMULAS must only be
methods; and, in particular, the health hazards of distributed in healthcare facilities and given
unnecessary or improper use of infant formula or shown to mothers only by healthcare
and other breast milk substitutes. professionals and this must be indicated on
the material. It may not be given to mothers by
Such materials should not use any pictures or company personnel.
text which may idealise the use of breast milk
substitutes.

Article 4.3 Donations of informational or educational Article 4.3 Informational or educational materials or
equipment or materials by manufacturers equipment for use in healthcare institutions
or distributors should be made only at the and intended for pregnant women and mothers
request, and with the written approval, of the of infants related to maternal and child health,
appropriate government authority or within such as but not restricted to education charts,
guidelines given by governments for this breastfeeding booklets, growth charts and
purpose. Such equipment or materials may videos, must not contain illustrations of INFANT
bear the donating company’s name or logo, FORMULA or mention the names of individual
but should not refer to a proprietary product INFANT FORMULA brands. The Corporate name
that is within the scope of this Code, and should or logo may be used.

Nestlé Policy and Procedures for the Implementation of the WHO Code 15
WHO Code Nestlé Procedures

be distributed only through the healthcare Such material may only be made available
system. to healthcare institutions and professionals
upon their request and in accordance with
any applicable government requirements or
guidelines.

Materials and equipment covered under Art. 4.3

must include the information required by Art.
4.2 of the WHO Code when dealing with infant
feeding. Such material and equipment shall clearly
indicate that the material may be given or shown to
mothers by healthcare professionals only.

Article 5 The General Public and Mothers Article 5 The General Public and Mothers
Article 5.1 There should be no advertising or other form Article 5.1 There must be no advertising or other form of
of promotion to the general public of products promotion of INFANT FORMULAS directly to
within the scope of this Code. mothers and to the general public through any
public media or by personal contact between
company representatives and the public.

Article 5.2 Manufacturers and distributors should not Article 5.2 No samples of INFANT FORMULAS should be
provide, directly or indirectly, to pregnant given directly or indirectly to pregnant women,
women, mothers or members of their families, mothers or members of their families and to the
samples of products within the scope of this general public.
Code.

Article 5.3 In conformity with paragraphs 1 and 2 of Article 5.3 Point of sales advertising, sampling or other
this Article, there should be no point-of-sale activities to induce sales of INFANT FORMULAS
advertising, giving of samples, or any other directly to the consumer at the retail level are not
promotion device to induce sales directly to permitted.
the consumer at the retail level, such as special
displays, discount coupons, premiums, special This provision should not restrict the
sales, loss-leaders and tie-in sales, for products establishment of pricing policies and practices
within the scope of this Code. This provision intended to provide products at lower prices on a
should not restrict the establishment of pricing long-term basis.
policies and practices intended to provide
products at lower prices on a long-term basis.

Article 5.4 Manufacturers and distributors should not Article 5.4 Gifts of articles or utensils promoting the use of
distribute to pregnant women or mothers of INFANT FORMULA or bottle-feeding are not to
infants and young children any gifts of articles be distributed to pregnant women or mothers of
or utensils which may promote the use of breast infants and young children.
milk substitutes or bottle-feeding.

Article 5.5 Marketing personnel, in their business capacity, Article 5.5 Company personnel, may not solicit direct
should not seek direct or indirect contact of any or indirect contact with pregnant women or
kind with pregnant women or with mothers of mothers of infants and young children, either
infants and young children. individually or in groups, in order to directly or
indirectly promote INFANT FORMULA.

16 Nestlé Policy and Procedures for the Implementation of the WHO Code
WHO Code Nestlé Procedures

Article 6 Healthcare Systems Article 6 Healthcare Systems

Article 6.1 The healthcare authorities in Member States Article 6.1 Addressed to the healthcare authorities.
should take appropriate measures to encourage
and protect breastfeeding and promote
the principles of this Code, and should give
appropriate information and advice to healthcare
workers in regard to their responsibilities,
including the information specified in Art. 4.2.

Article 6.2 No facility of a healthcare system should be used Article 6.2 Nestlé Procedures relating to Art. 5.1, 5.2, 5.4
for the purpose of promoting infant formula or and 5.5 also apply to Nestlé activities within
other products within the scope of this Code. the healthcare system. Scientific or technical
This Code does not, however, preclude the product information, and instructions intended
dissemination of information to healthcare to assist healthcare workers in guiding mothers
professionals as provided in Art. 7.2. on the correct use of specific formula may only
be provided by Nestlé to healthcare workers (see
Art. 7.2).

Article 6.3 Facilities of healthcare systems should not be Article 6.3 Facilities of healthcare systems should not be
used for the display of products within the scope used for the display of INFANT FORMULA,
of this Code, for placards or posters concerning for placards or posters concerning such
such products, or for the distribution of material products, or for the distribution of materials other
provided by a manufacturer or distributor other than those specified in Art. 4.2 and 4.3 of this
than that specified in Art. 4.3. Procedure.

Article 6.4 The use by the healthcare system of Article 6.4 The Company must not provide its own
“professional service representatives”, personnel or provide or pay for “professional
“mothercraft nurses”, or similar personnel, service representatives”, “mothercraft nurses”,
provided or paid for by manufacturers or or similar personnel for use by the healthcare
distributors, should not be permitted. system for advising mothers or similar duties
related to INFANT FORMULA. The role of
company personnel is covered in Art. 8.2.

Article 6.5 Feeding with infant formula, whether Article 6.5 Company personnel may not assist in this work
manufactured or home-prepared, should be but may provide relevant educational/instruction
demonstrated only by healthcare workers, or material to assist healthcare workers in guiding
other community workers if necessary; and mothers. In case mothers request advice from
only to the mothers or family members who company personnel on INFANT FORMULA, they
need to use it; and the information given should should be referred to the medical profession or
include a clear explanation of the hazards of other healthcare workers (see Art. 5.5 – see also
improper use. Instructions pertaining to Art. 6.2 above).

Article 6.6 Donations or low-price sales to institutions Article 6.6 INFANT FORMULAS may not be donated
or organisations of supplies of infant formula nor sold at a price merely token in nature to
or other products within the scope of this healthcare facilities for any reason.
Code, whether for use in the institutions or for
distribution outside them, may be made. Such Where national rulings allow, the company may
supplies should only be used or distributed respond to written requests for free or low-price
for infants who have to be fed on breast milk supplies of INFANT FORMULAS and/or Infant
substitutes. If these supplies are distributed Formula for Special Medical Purposes, to serve
for use outside the institutions, this should be social purposes or for usage in emergency/
done only by the institutions or organisations humanitarian situations. In such cases, the
concerned. Such donations or low-price following instructions should be applied:
sales should not be used by manufacturers or Standard for Donations or Low Costs Supplies for
distributors as a sales inducement. use in Emergencies and for Social Purposes.

Nestlé Policy and Procedures for the Implementation of the WHO Code 17
WHO Code Nestlé Procedures

Article 6.7 Where donated supplies of infant formula or Article 6.7 As per procedures set out in Article 6.6.
other products within the scope of this Code are
distributed outside an institution, the institution
or organisation should take steps to ensure
that supplies can be continued as long as the
infants concerned need them. Donors, as well as
institutions or organisations concerned, should
bear in mind this responsibility.

Article 6.8 Equipment and materials in addition to those Article 6.8 Donations of material or equipment to healthcare
referred to in Art. 4.3, donated to a healthcare institutions may not be used as an inducement
system may bear a company’s name or logo, to sell or prescribe INFANT FORMULA. Such
but should not refer to any proprietary product material or equipment may bear the company
within the scope of this Code. name and logo, but may not bear any INFANT
FORMULA brand or logo.

In addition, if allowed by local regulations and

consistent with company policies, items of
professional utility may be provided to healthcare
workers and other professionals working
for healthcare institutions. These must be
reasonable, modest and appropriate and must
not create the appearance of improper influence
or illegitimate advantage. Such items may not
bear any INFANT FORMULA brand or logo.

Article 7 Healthcare Workers Article 7 Healthcare Workers

Article 7.1 Healthcare workers should encourage and Article 7.1 Healthcare workers’ responsibility. Whenever
protect breastfeeding; and those who are requested, company personnel will support
concerned in particular with maternal and infant healthcare workers to fulfil their responsibility.
nutrition should make themselves familiar with
their responsibilities under this Code, including
the information specified in Art. 4.2.

Article 7.2 Information provided by manufacturers and Article 7.2 In their contact with healthcare workers,
distributors to healthcare professionals regarding company personnel have the responsibility to
products within the scope of this Code should emphasise the superiority of breastfeeding, the
be restricted to scientific and factual matters, WHO Code and to give objective information
and such information should not imply or create on scientific and factual matters pertaining
a belief that bottle-feeding is equivalent or to formula and its correct use. Information on
superior to breastfeeding. It should also include formula intended for healthcare professionals
the information specified in Art. 4.2. should avoid promotional language and content,
whether textual or pictorial, aiming at idealising
formula feeding over breastfeeding. These
informational materials may include pictures
of the product and bear corporate and product
brands in order to facilitate identification of the
product. They must mention the information
specified in Art. 4.2 of the Code.

18 Nestlé Policy and Procedures for the Implementation of the WHO Code
WHO Code Nestlé Procedures

All such informational materials should

conspicuously mention that they are destined for
healthcare workers only.

Article 7.3 No financial or material inducements to promote Article 7.3 No financial or material inducements to
products within the scope of this Code should promote INFANT FORMULAS may be offered to
be offered by manufacturers or distributors to healthcare workers or members of their families.
healthcare workers or members of their families, For guidance regarding low-cost items of
nor should these be accepted by healthcare professional utility, see Article 6.8. Token gifts of
workers or members of their families. modest value may be given to healthcare workers
on an occasional basis if culturally appropriate
and not prohibited by law. No such donations
should be used as a sales inducement. Those
items may bear the Corporate logo.

Note: This should be read in conjunction to

the Appendix to the Nestlé Code of Business
Conduct.

Article 7.4 Samples of infant formula or other products Article 7.4 Samples of INFANT FORMULAS or equipment
within the scope of this Code, or of equipment or utensils for their preparation or use, may not
or utensils for their preparation or use, should be provided to healthcare workers except for the
not be provided to healthcare workers except purpose of professional evaluation and only in the
when necessary for the purpose of professional following instances:
evaluation or research at the institutional level. • to introduce a new INFANT FORMULA
product;
Healthcare workers should not give samples of • to introduce a new formulation of an existing
infant formula to pregnant women, mothers of product;
infants and young children or members of their • to introduce our INFANT FORMULA range
families. to a new or recently certified healthcare
professional.

In these cases, a maximum of two cans of INFANT

FORMULA may be given to a healthcare worker
for this purpose and one time only. INFANT
FORMULAS may also be provided for research
or clinical validation, subject to completion of a
research protocol. Clinical validations are not to
be used as a sales inducement and are subject to
detailed internal rules.

Article 7.5 Manufacturers and distributors of products Article 7.5 Nestlé can provide sponsorship to healthcare
within the scope of this Code should disclose workers in accordance with the provisions of
to the institution to which a recipient healthcare The Guidelines for Sponsorship of Health Workers
worker is affiliated any contribution made to and Institutions for Professional Development and
him/her or on his/her behalf for fellowships, Scientific Research.
study tours, research grants, attendance at
professional conferences or the like. Similar
disclosures should be made by the recipient.

Nestlé Policy and Procedures for the Implementation of the WHO Code 19
WHO Code Nestlé Procedures

Article 8 Persons employed Article 8 Persons employed by

by Manufacturers Manufacturers and Distributors
Article 8.1 In systems of sales incentives for marketing Article 8.1 Bonuses or incentives aimed at encouraging
personnel, the volume of sales of products increased volume of sales of INFANT FORMULAS
within the scope of this Code should not be must not be paid to sales staff, medical
included in the calculation of bonuses, nor delegates, and other marketing personnel.
should quotas be set specifically for sales of Remuneration for sales staff and medical
these products. This should not be understood delegates must be examined on a country-by-
to prevent the payment of bonuses based on the country basis in order to determine the criteria to
overall sales by a company of other products be established for appropriate compensation.
marketed by it.

Article 8.2 Personnel employed in marketing products Article 8.2 Company personnel involved in the marketing of
within the scope of this Code, should not, as INFANT FORMULA may not perform educational
a part of their job responsibilities, perform functions in relation to pregnant women or
educational functions in relation to pregnant mothers of infants and young children.
women or mothers of infants and young
children. This should not be understood as This should not be understood as preventing
preventing such personnel from being used such personnel from being used for other
for other functions by the healthcare system functions by the healthcare system at the request
at the request and with the written approval of and with the written approval of the appropriate
the appropriate authority of the government authority of the government concerned.
concerned.

Article 9 Labelling Article 9 Labelling

Article 9.1 Labels should be designed to provide the Article 9.1 Individual country requirements, if any, must be
necessary information about the appropriate respected in addition to the requirements under
use of the product, and so as not to discourage this WHO Code Article, which are recognised as
breastfeeding. the minimum requirement.

Article 9.2 Manufacturers and distributors of infant Article 9.2 Nestlé INFANT FORMULA labels have to comply
formula should ensure that each container has with each point contained in Article 9.2 of the
a clear, conspicuous, and easily readable and WHO Code . It is important to note that the
understandable message printed on it, or a label “appropriate language” will be subject to the
which cannot readily become separated from it, decision of the relevant authorities.
in an appropriate language, which includes all
the following points:
a. the words “Important Notice” or the equivalent;
b. a statement of the superiority of breastfeeding;
c. a statement that the product should be used
only on the advice of a healthcare worker as to
the need for its use and the proper method of
use;
d. instructions for appropriate preparation, and
a warning against the health hazards of
inappropriate preparation. Neither the container
nor the label should have pictures of infants,
nor should they have other pictures or text which
may idealise the use of infant formula. They
may, however, have graphics for easy
identification of the product as a breast milk

20 Nestlé Policy and Procedures for the Implementation of the WHO Code
WHO Code Nestlé Procedures

substitute and for illustrating methods of

preparation. The terms “humanized”,
“maternalized” or similar terms should not
be used. Inserts giving additional information
about the product and its proper use, subject to
the above conditions, may be included in the
package or retail unit. When labels give
instructions for modifying a product into infant
formula, the above should apply.

Article 9.3 Food products within the scope of this Code, Article 9.3 In the absence of specific national requirements,
marketed for infant feeding, which do not meet the labels of Nestlé milk products not adapted
all the requirements of an infant formula, but for infant feeding must bear a statement
which can be modified to do so, should carry on indicating that they are not suitable as a breast
the label a warning that the unmodified product milk substitute. These products include milk
should not be the sole source of nourishment powders (including growing-up milks), ready-
of an infant. Since sweetened condensed milk to-drink milks, evaporated milk, condensed milk
is not suitable for infant feeding, or for use as a (sweetened and unsweetened) and creamers.
main ingredient of infant formula, its label should
not contain purported instructions on how to
modify it for that purpose.

Article 9.4 The label of food products within the scope Article 9.4 The requirements under this WHO Code
of this Code should also state all the following Article are the minimum requirements to be
points: implemented, unless otherwise mandatorily
a. the ingredients used; required by local legislation.
b. the composition/analysis of the product;
c. the storage conditions required; and
d. the batch number and the date before which
the product is to be consumed, taking into
account the climatic and storage conditions of
the country concerned.

Article 10 Quality Article 10 Quality

Article 10.1 The quality of products is an essential element Article 10.1 The manufacture and distribution of all Nestlé
for the protection of the health of infants and products for infants is based on this principle.
therefore should be of a highly recognised
standard.

Article 10.2 Food products within the scope of this Code Article 10.2 In accordance with current standards except
should, when sold or otherwise distributed, where otherwise specified by national
meet applicable standards recommended by the regulations.
Codex Alimentarius Commission and also the
Codex Code of Hygienic Practice for Foods for
Infants and Children.

Nestlé Policy and Procedures for the Implementation of the WHO Code 21
WHO Code Nestlé Procedures

Article 11 Implementation and Monitoring Article 11 Implementation and Monitoring

Article 11.1 Governments should take action to give Article 11.1 Implementation and interpretation of the WHO
effect to the principles and aim of this Code, Code in each country is the responsibility of the
as appropriate to their social and legislative government. In countries where it operates,
framework, including the adoption of national Nestlé should cooperate with governments and
legislation, regulations or other suitable all other concerned stakeholders to encourage
measures. For this purpose, governments should and support the development of clear national
seek, when necessary, the cooperation of WHO, legislation, regulations or other evidence-based
UNICEF and other agencies of the policy measures that support the principles and
aim of the WHO Code.
United Nations system. National policies and
measures, including laws and regulations, which
are adopted to give effect to the principles and
aim of this Code should be publicly stated, and
should apply on the same basis to all those
involved in the manufacture and marketing of
products within the scope of this Code.

Article 11.2 Monitoring the application of this Code lies with Article 11.2 See above. It is vital that impartial and effective
governments acting individually, and collectively monitoring procedures, under government
through the World Health Organization as responsibility, be included as part of the
provided in paragraphs 6 and 7 of this Article. measures to implement the Code. Nestlé will
The manufacturers and distributors of products support efforts by governments to implement
within the scope of this Code, and appropriate the WHO Code through legislation, regulation,
non-governmental organisations, professional or other appropriate measures. Nestlé will also
groups, and consumer organisations should collaborate with governments in their efforts to
collaborate with governments to this end. monitor the application of the Code within their
country.

Article 11.3 Independently of any other measures taken for Article 11.3 Independently of any other measures taken for
implementation of this Code, manufacturers and implementation of the WHO Code, Nestlé will
distributors of products within the scope of this monitor its marketing practices according to the
Code should regard themselves as responsible principles of this Policy to ensure it conducts,
for monitoring their marketing practices at every level of the company, and conforms
according to the principles and aim of this Code, to it as described in the Compliance and Good
and for taking steps to ensure that their conduct Governance sections of this Policy.
at every level conforms to them.
Oversight of the monitoring mechanisms at
country level is described under the section
“Management Responsibility” in this Policy.

Article 11.4 Non-governmental organisations, professional Article 11.4 Employees and all others stakeholders are
groups, institutions and individuals concerned encouraged to share any concerns regarding
should have the responsibility of drawing the Nestlé’s BMS marketing practices through
attention of manufacturers or distributors the multiple channels in place for receiving
to activities which are incompatible with complaints as described in the Compliance
the principles and aim of this Code, so that section of this Policy.
appropriate action can be taken. The appropriate
governmental authority should also be informed.

Article 11.5 Manufacturers and primary distributors Article 11.5 Nestlé trains its employees working in infant
of products within the scope of this Code nutrition, and its contracted third parties involved
should apprise each member of their in the marketing of INFANT FORMULA, to
marketing personnel of the Code and of their fully understand the importance of promoting,
responsibilities under it. supporting and protecting breastfeeding, as

22 Nestlé Policy and Procedures for the Implementation of the WHO Code
WHO Code Nestlé Procedures

well as complying with the Nestlé Policy and

local legislations implementing the WHO Code
as described in the Compliance section of this
Policy.

Article 11.6 In accordance with Article 62 of the Constitution Article 11.6 Addressed to governments.
of the World Health Organization, Member
States shall communicate annually to the
Director-General information on action taken to
give effect to the principles and aim of this Code.

Article 11.7 The Director-General shall report in even Article 11.7 Addressed to the WHO Director-General.
years to the World Health Assembly on the
status of implementation of the Code; and
shall, on request, provide technical support to
Member States preparing national legislation
on regulations, or taking other appropriate
measures implementing and furtherance of the
principles and aim of this Code.

Nestlé Policy and Procedures for the Implementation of the WHO Code 23
24 Nestlé Policy and Procedures for the Implementation of the WHO Code
 Annex B

WHO International Code of Marketing

of Breast Milk Substitutes (Article 3) –
Definitions

Nestlé Policy and Procedures for the Implementation of the WHO Code 25
 “Breast milk substitute” “Label”
means: any food being marketed or otherwise means: any tag, brand, mark, pictorial or other
represented as a partial or total replacement descriptive matter, written, printed, stencilled,
for breast milk, whether or not suitable for that marked, embossed or impressed on, or attached
purpose. to, a container (see above) of any products within
the scope of this Code.

“Complementary food”
means: any food, whether manufactured or “Manufacturer”
locally prepared, suitable as a complement to means: a corporation or other entity in the public
breast milk or to infant formula, when either or private sector engaged in the business or
becomes insufficient to satisfy the nutritional function (whether directly or through an agent or
requirements of the infant. Such food is also through an entity controlled by or under contract
commonly called “weaning food” or “breast milk with it) of manufacturing a product within the
supplement”. scope of this Code.

“Infant” “Marketing”
means: a person not more than 12 months of age. means: product promotion, distribution, selling,
advertising, product public relations and
information services.
“Container”
means: any form of packaging of products for
sale as a normal retail unit, including wrappers. “Marketing personnel”
means: any persons whose functions involve the
marketing of a product or products coming within
“Distributor” the scope of this Code.
means: a person, corporation or any other
entity in the public or private sector engaged
in the business (whether directly or indirectly) “Samples”
of marketing at the wholesale or retail level a means: single or small quantities of a product
product within the scope of this Code. A “primary provided without cost.
distributor” is a manufacturer’s sales agent,
representative, national distributor or broker.
“Supplies”
means: quantities of a product provided for use
“Healthcare system” over an extended period, free or at a low price,
means: governmental, non-governmental or for social purposes, including those provided to
private institutions or organisations engaged, families in need.
directly or indirectly, in the healthcare of mothers,
infants and pregnant women; and nurseries or
childcare institutions. It also includes healthcare
workers in private practice. For the purpose of
this Code, the healthcare system does not include
pharmacies or other established sales outlets.

“Healthcare worker”
means: a person working in a component of such
a healthcare system, whether professional or non-
professional, including voluntary, unpaid workers.

“Infant formula”
means: a breast milk substitute formulated
industrially in accordance with applicable Codex
Alimentarius standards, to satisfy the normal
nutritional requirements of infants up to four-six
months of age, and adapt to their physiological
characteristics. Infant formula may also be
prepared at home, in which case it is described as
“home-prepared”.

26 Nestlé Policy and Procedures for the Implementation of the WHO Code