A new breastfeeding bill

Quietly, a draft House Bill is being discussed in a technical working group in the House of Representatives, and is now in its third reading. The bill is titled, “An Act Promoting a Comprehensive Program on Breastfeeding Practices and Regulating the Trade, Marketing and Promotions of Certain foods for Infants and Children.”

The bill is consolidated from original bills that did not pass (HB 3396, 3525, 3527, 3537), and is sponsored by Representatives Anna York Bondoc, Magtanggol Gunigundo, Josephine Lacson-Noel, Lani Mercado Revilla, Rufus Rodriguez, and Lucy Torres.

For innocent bystanders, the proposed bill has negative provisions. These provisions will substantially affect the contents of the existing breastfeeding-related code and act, namely Executive Order No. 51 (Milk Code, 1986), Republic Act No. 10028 (Expanded Breastfeeding Act, 2009), and the Revised Implementing Rules and Regulations of both. They will effectively weaken breastfeeding laws to levels preceding the introduction of the Milk Code by the late President Corazon Aquino in 1986.

The bill is a slide down in improving and prolonging breastfeeding in the Philippines. Breastfeeding is one of the most cost-efficient ways of improving the health and survival rates of infants and young children.

The bill comes against a background of new figures published by the Food and Nutrition Research Institute, which show an increase in exclusive breast-feeding rates by 10 percent (from 35.9 percent in 2008 to 46.7 percent in 2011, for the 0-6 months bracket), and decrease in the use of artificial milks with complementary foods from 55.4 percent to 39.4 percent.

A technical report from the World Health Organization, the International Labor Organization and Unicef describes the features of the concerned bill. It narrows the application of the milk code only to artificial feeding products (such as formula milk) for the age group of 0 to six months instead of the current 0 to 36 months; lifts all restrictions on donations of breast milk substitutes in times of emergency, and makes lactation breaks for breastfeeding mothers at work unpaid.

The bill also allows samples of breast milk substitutes to be distributed in the health care system and access to health workers, by sales and marketing staff of milk companies; removes the dual language (English and Tagalog) messaging in the packaging of breast milk substitutes, which explains the superiority of breastfeeding and the dangers of formula feeding, and allows milk formula companies to conduct or be involved in educational activities and production materials on breastfeeding, infant and young child care and nutrition.

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The existing code and act, while still needing to be implemented to their fullest effects, are already in accordance with the international standards laid down by the WHO and ILO in terms of their contents. The provisions of the proposed bill, the WHO paper claims, “will mark a departure . . . At a time when we are beginning to see some improvements in exclusive breastfeeding rates, these measures could reverse the positive trend.” They could “negatively affect survival and health, nutrition and intellectual development of children, and make it harder for women to continue breastfeeding.”

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According to the WHO technical report, scientific research has conclusively shown that breast milk is the “gold standard” when it comes to infant nutrition. “It has proven benefits that no synthetically produced artificial milk can possibly equal. Essential vitamins, amino acids and antibodies that are naturally present in a mother’s breast milk help reduce the occurrence of ear and respiratory infections, diarrhea and meningitis, and are also credited with helping to protect children against allergies, asthma, obesity and the sudden infant death syndrome.”

On the other hand,  artificial feeding such as formula milk, “results in increased neonatal and child mortality, poorer growth and nutrition status, lower cores on cognitive development and intelligence tests, interference with bonding between baby and mother, and increased risk of later chronic diseases including heart disease, diabetes, some cancers and obesity. Besides, there have been increasing concerns about the intrinsic contamination of infant formula at the factory level and the fact that powdered infant formula is not a sterile product. It may contain harmful bacteria that can cause bacteremia or meningitis.” Since 2999, there have been more than 70 recalls of infant formulas globally, the report said.

In view of the overwhelming benefits of breastfeeding over artificial feeding, the 34th World Health Assembly in 1981 adopted the International Code of Marketing of Breastmilk Substitutes and urged all the Member states to take action to implement the Code at a national level, including the adoption of national legislation, regulations or other suitable measures.

With regard to the Philippines-specific situation the International Committee on the Rights of the Child made observations and recommendations in its report in 2009. It said that, “while noting the efforts of the State party to encourage breastfeeding, the Committee reiterates it s concern at the low practice of exclusive breastfeeding. . . It recommends that the State party take the necessary measures to ensure the effective implementation of the Milk Code (E.O. 51) and the 2007 rIRR — revised Implementing Rules and Regulations of the Milk Code.

Said the WHO report: “The Filipino mother and family have been heavily exposed to marketing and promotional practices aimed at convincing her that artificial milks are as good as breast milk for her baby, which simply is not the case.”

It added that “as scientific evidence and international standards have clearly shown and as many mothers instinctively know, breastfeeding is far superior to any artificial milk. . . The country should reconsider any relaxation of the existing code and act which will effectively legalize harmful marketing and promotional activities. What is at stake is the health and nutritional status of children in the Philippines, and the quality of human resources of the country in the long run.” –Domini M. Torrevillas (The Philippine Star)