Beruflich Dokumente
Kultur Dokumente
I. Rationale
These guidelines are issued pursuant to Section 12(a)(3) and Section 6(a)
of Executive Order No. 51 in relation to Section 12 Rule V of the
Administrative Order No. 2006-0012, Revised Implementing Rules and
Regulations of the Executive Order 51, otherwise known as the “National Code
of Marketing of Breastmilk Substitute, Breastmilk Supplements and Other
Related Products,” or “Milk Code”, Relevant International Agreements,
Penalizing Violations Thereof, and for Other Purposes.
III. Objectives
General Objective:
To set the guidelines to be followed by the IAC in exercising their powers
and duties as stated in E.O. No. 51 and in its RIRR.
Specific Objective:
To develop/update substantive and procedural guidelines for reviewing,
evaluating and/or approving advertisement, promotion, sponsorship and/or other
marketing activities, including, but not limited to, research of products and
donation of equipment, funds, products, etc. by companies and/or manufacturers
of products covered in E.O. No. 51.
These guidelines shall cover the powers and functions of the Inter-Agency
Committee consisting of the Department of Health, Department of Trade and
Industry, Department of Justice and Department of Social Welfare and
Development and the guidelines to be followed in the exercise of these powers
and functions.
V. Definition of Terms
(a) Code - refers to the Milk Code Executive Order No. 51.
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(b) IAC - shall refer to the Inter-Agency Committee created under E.O. No. 51,
s. 1986 composed of the Secretary of Health, as Chairman, and the Secretary of
Trade and Industry, the Secretary of Justice, and the Secretary of Social Welfare
and Development, as members;
a. Composition
a.2 Each member may designate his duly authorized representative and an
alternate to every meeting of the IAC. The duly authorized
representative (or the alternate) may decide and vote for and on behalf
of the Secretary being represented whenever the latter is absent;
provided, such authority is given through an official issuance (format
of which is attached as Annex “A” ) signed by the Secretary
represented. The duly authorized representative or the alternate shall be
responsible in reporting, giving feedback report, and/or communicating
to the represented Secretary all matters that transpired during IAC
meetings.
a.3 The IAC members and their duly authorized representatives shall under
oath accomplish the form on declaration of conflict of interest (Annex
“B”).
b. Functions - The Inter Agency Committee (IAC) shall have the following
powers and functions:
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b.4 Prescribe the internal and operational procedure for the exercise of its
powers and functions as well as the performance of its duties and
responsibilities;
b.6 Promulgate such rules and regulations as are necessary or proper for
the implementation of Section 6(a) of the Code.
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d. Resource Persons
The IAC Members, the IAC Secretariat, and the technical resource persons
shall be entitled to collect from E.O. No. 51 funds, their honorarium, per diems,
actual cost of transportation and other incidental expenses subject to existing
accounting and auditing rules and regulations.
a. Quorum; Voting
a.1 A majority of all the members of the IAC shall constitute a quorum
for the review and examination of advertising materials. For the
purpose of determining the quorum, the Chairman or his duly
authorized representative must always be present and there must be
at least 2 members present.
a.2 A majority vote of the members present is sufficient to pass upon and
approve any business presented in the meeting.
a.3 The chairman shall not be required to vote in a meeting. He/She may,
however, exercise his right to vote in case of a tie.
a.4 There shall be no proxy voting. Only one representative for each
department can vote.
b. Meetings
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c.1.4 Application fees shall be non-refundable and non-
transferable;
c.1.5 Each type of advertising material, whether it is part of an entire
advertisement wave, must be applied for separately.
c.1.6 Incomplete documents will not be accepted.
c.1.7 Application and accompanying documents must be filed on
or before the first Friday of each month in order to be
included in the screening by the IAC for said month,
otherwise it will be considered in the next scheduled
screening.
c.1.8 Only the submitted material with the duly accomplished
application form and has paid the corresponding fees shall be
prescreened by the IAC secretariat and reviewed by the IAC
members, respectively.
c.1.9 Any modification on the submitted material prior to IAC
deliberation shall be deemed withdrawal of the application.
c.1.10 Any amendment on a submitted material previously screened
by the IAC shall be considered a new application, and the
corresponding application procedure shall apply including
payment of fees.
c.1.11 Materials with request for extension shall be treated as new
material and therefore will follow same procedures for new
application.
c.1.12 The IAC secretariat shall determine the number of applications
that shall be accepted and pre-screened per month prior to
deliberation.
c.1.13 The validity of the authorization should not exceed three
months. No extension shall be allowed. (relate to VII(j)).
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c.3 Supporting materials – The application shall be accompanied with the
following:
c.3.1 Required documents for TRIMEDIA MATERIALS such as but not
limited to the following:
c.3.1.1 VISUAL (PRINT) - text and visual layout (colored copies)
a. Merchandising materials (posters, banners, streamers,
billboards, tarpaulins, train ads, vehicle ads, etc.)
b. Print Ads (magazines, newspapers, inserts, flyers, leaflets,
pamphlets, advertorials (using part of the news as advertising
products within the scope of the code), etc.
c.3.1.3 AUDIO-VISUAL
a. TV, cinema, theater (including cinema and TV pluggings,
interviews, indirect advertisements where product is used and
incorporated in scripts of movies, teleseryes, telenovelas, variety
shows, game shows, and other TV shows)
b. Story boards (colored) and scripts and spiels
c. Final audio-visual
d. Second material (either radio or commercial showing through
TV, theaters, cinemas)
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d. Sponsorships
d. 2 Other sponsorships
Other sponsorships may be allowed, subject to the following
conditions:
d.2.1 The recipient of the sponsorship must not be a health worker.
d.2.2 No sponsorship shall be extended to health facilities and/ or health
care systems.
d.2.3 Sponsorships to events, programs, trade fairs, festivals, fiestas,
or any other activity that may reach or involve individual/s who
are not health workers must be applied to the IAC for approval.
d.2.4 The applicant for approval of a sponsorship is the recipient of
the sponsorship.
e. Donations
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f. 2 In cases where the deliberations involve reports of violations from
the monitoring, person responsible or point person from the monitoring
team should also be invited to clarify the issue with the IAC during
investigation. Cost of travel and accommodation of invited guest from
the monitoring team should be chargeable to the E.O. No. 51 funds
subject to existing accounting and auditing rules and regulations.
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k.2 The approved product label of breastmilk substitutes, breastmilk
supplements, milk formula, milk supplement, complementary foods, milk
k.3 products for pregnant and lactating mothers or their equivalent, and other
products within the scope of the Code shall not be construed as an
authority or approval for advertising, promotion, or marketing materials,
and activities.
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l.7. 5 Endorsement (direct or indirect) of product by parent/s, celebrities,
health workers (whether private or government), medical doctors,
nutritionist-dietitians, midwives, nurses, private and government
health professionals, scientists, government officials and employees,
medical and other allied health associations/ organizations, and
members of their family
l.7. 6 Health books, CDs educational materials and other promotional
materials
l.7. 7 Informercials, e.g., articles written by doctors or others that
highlight the quality of a covered product.
l.7. 8 Use of taglines that may be associated to products under the Code
l.7. 9 Using approved application number for the disapproved/not yet
approved advertisement.
l.7. 10 The following pictures and/or drawings are not permitted as they
tend to directly or indirectly undermine breastfeeding, as
determined by the IAC:
17.7.1 An infant holding a feeding bottle/training cup or any
container;
17.7.2 An infant and a woman with a feeding bottle/training cup
or any container
17.7.3 A woman with a feeding bottle/training cup or any
container
17.7.4A feeding bottle/training cup or any similar container
containing a white substance;
17.7.5. A baby/infant/young child and the product shot in
one frame.
17.7.6. A man and a woman with a product shot
17.7.7 A feeding bottle on a principal display panel
17.7.8 Appearance of infant and mother with the brand product.
17.7.9 Any container that resembles nipple such as but not limited
to feeding bottle and training cup.
17.7.10 Children/ baby with product name
17.7.11 Infant or young child
17.7.12 Print Ad on infant feeding bottles or any graduated
container made of glass, plastic or similar materials
17.7.13 Feeding bottle
17.7.14 Picture of any animal (or characters) that may represent
parent and offspring, siblings, family
l.7. 11 . Print Ad/Product Shots are not allowed as false cover, detachable
insert (i.e. bookmarks and souvenir program) and inside front and
back and outside back cover.
l.7. 12 . Anything outside the approved label that is attached on the
products within the scope of the Code such as but not limited to
necktags, bundling, freebies, printed flyers, leaflets and similar
materials.
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l.7. 13 Anything outside the approved label that is not attached on the
products within the scope of the Code such as but not limited to
necktags, bundling, freebies, printed flyers, leaflets and similar
materials.
l.7. 14 Hanging of streamers, banners, posters, bantings/banderitas,
billboards displayed in stores/trade outlets, government/ private
facilities, medical and other allied health conventions and
functions, and along highways.
l.7. 15 Advertisements posted/printed on any vehicle, residential,
commercial and industrial buildings, schools, glass walls and
panel, trees, posts and other public places.
l.7. 16 Other forms of advertising materials such as but not limited to:
l.7.16. 1 Price cards containing only the name of the product and/or
the company and the price and should be confined in store or
supermarket shelves for the intent and purpose of selling the
products on display
l.7.16. 2 Online advertisements, such as but not limited to E-mail
advertisements, spams and webpages, TV/Online Streaming
(upstreaming, downstreaming & sidestreaming), full frame,
crawling text, pop-ups, and the like.
l.7.16. 3 Plug-in scripts/activities within movies and on
TV/Radio/Web Talk shows, variety shows, and series
(telenovela, comedy shows, gag shows etc.).
l.7.16. 4 Activities within a media program that promote/relate to
such products.
l.7.16. 5 Insertions/Surveys/Mailers/Mommy and Infant books and
similar items
l.7.16. 6 Trade promotions/entrepreneurial/personal enhancement/
health activities and any other similar activities.
l.7.16. 7 Booths, Gondola, and the likes at the points of sale
a. All health and nutrition claims (for products within the scope of the Code)
are potentially misleading; hence, should not be allowed.
b.1 Buying and/or using the product means giving love and affection
by parents or relatives, or
b.2 Patronizing the product will bring better health to the baby and
young child.
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IX. Mandatory Standard Messages. – The following shall be the guiding criteria,
among others, of the IAC:
The IAC may direct that any or all of the following standard messages in
English and Filipino shall be incorporated in all advertisements of products
falling within the provisions of the Code:
a.1 ENGLISH
Primary Messages for advertisements of Milk Supplements:
“BREASTMILK IS THE ONLY SAFE AND READILY
AVAILABLE FOOD FOR INFANT”; and
“WARNING: INFANT FORMULA IS NOT A STERILE PRODUCT
AND MAY CONTAIN DANGEROUS BACTERIA”
a.2 FILIPINO
“ANG GATAS NG INA ANG BUKOD TANGING LIGTAS AT
LAGING HANDA PARA SA SANGGOL”
d.1 ENGLISH
d.2 FILIPINO
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d. The messages shall be enclosed in a box with a white background and black
print and shall be contained in all advertisements and should be
prominently displayed and emphasized. The BF logo should be an actual
picture of a Filipino breastfeeding mother is included in the standard
message; both mother and baby should be depicted as beautiful, pleasing,
happy and healthy.
e. For purely AUDIO advertisements (radio ads) the primary message should
be clearly mentioned at least before the catch line or the last line of the
promotional material.
b. The IAC Secretariat shall have the authority to determine if any advertising,
marketing, or promotional material violates these Rules and Regulations. In
such case, the IAC Secretariat shall issue a CDO, signed by the IAC
Chairperson stopping the further release, printing, broadcast, or
dissemination of the violative advertising, marketing, or promotional
material.
c. In the event the Cease and Desist Order is not complied within the time
prescribed above, the rules stated in Section 13 of E.O. 51 on sanctions shall
apply.
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XII. Effectivity
RECOMMENDING APPROVAL:
ALEXANDER A. PADILLA
Undersecretary of Health
Chairperson, Inter-Agency Committee on E.O. 51
APPROVED BY:
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