International trade agreements and implementation of the international code of marketing of breast-milk substitutes: frequently asked questions

Overview

The aggressive marketing of breastmilk substitutes creates a major barrier to breastfeeding. Following the adoption of the International Code of Marketing of Breast-milk Substitutes in 1981, governments have been called upon repeatedly by the World Health Assembly to give effect to the provisions in the Code through national legislation. Questions have sometimes been raised on whether national legal measures on the Code might be inconsistent with international trade agreements. International trade agreements recognize the right of States to regulate for the purposes of protecting human health. National implementation of the Code has never been formally disputed under an international trade agreement. 

The purpose of this document is to provide simple and easy-to-read information about the implications of trade agreements for domestic implementation of the International Code of Marketing of Breast-milk Substitutes. The document contains a brief description of the right to regulate under WTO law, including core principles and relevant WTO covered agreements. It is intended for all those involved in Code-related policy and law-making, including legislators, policy-makers, regulators and other relevant officials.