7.0 Advertising Aspects

Infant, Follow-up, Young Child Formula
Malaysia

This section provides information on regulations on advertising and if there are any restrictions or approval processes.

7.1 Applicable Advertising Regulation

“Infant, Follow-up and Young Child Formula” should comply with the requirements in Section 7.1 of 7.0 Advertising Aspects of the “General Foods” guidebook for Malaysia. 

Infant Formula and Follow-up Formula

"Infant Foods and Related Products" shall also adhere to the "Code of Ethics for the Marketing of Infant Foods and Related Products" [1].

Young Child Formula 

Refer to Section 7.1 in “7.0 Advertising Aspects" of the "General Foods" guidebook for Malaysia.

7.2 Specific Restrictions on Advertising

“Infant, Follow-up and Young Child Formula” should comply with the requirements in Section 7.2 of 7.0 Advertising Aspects of the “General Foods” guidebook for Malaysia. Additionally, the below applies:

Infant Formula and Follow-up Formula [1]

Manufacturers and distributors of designated products, which include infant formula (for infants 0-12 months) and follow-up formula (for infants 6 months to 3 years), should:

1. Subscribe to and abide by this Code and observe professional and marketing ethics and established rules of conduct in all contacts within the health care system, retail outlets, childcare centers, and the community.
2. Ensure that company personnel involved in sales and marketing of designated products abide by this Code.
3. Not market, promote, or advertise designated products in such a way as to:
   1. challenge or undermine the supremacy of breast milk or
   2. compete in any way with breast milk.
4. Do not provide samples, supplies, or gifts of designated products. Samples of designated products may, however, be provided to health professionals for research upon approval by the appropriate research committees. Affiliations with manufacturers and distributors on such research must be declared.
5. Not provide any educational or promotional material pertaining to maternal and child care and infant and young child feeding including but not limited to baby record books, growth charts, calendars, stationery, health care equipment, and any other form of gifts to health professionals, health personnel, pregnant women, parents of infants and young children and members of their families for the purpose of promoting designated products. Vetted scientific and factual information relating to designated products may be given to health professionals.
6. Not advertise or promote designated products within the health care system, child care centers, retail outlets, and the mass media.
7. Not donate designated products except to charitable organizations (e.g. orphanages) and in crisis situations, emergencies, and natural disasters. Donors should ensure that supplies are continued for as long as the infants concerned need them. Donors should acquire information on the availability of adequate sanitation and hygienic conditions in the locality where the would-be recipient resides before donating.
8. Not supply designated products at below 80% of the recommended retail price to health professionals, health personnel, and the health care system.
9. Not conduct any activity that involves infants, young children, pregnant women, and mothers of infants and young children for the purpose of promoting designated products.
10. Not be involved in any manner in baby shows (for infants aged 0-36 months).
11. Ensure that the remuneration of company personnel is on a fixed and regulated basis, and not related in any way with sales of designated products.
12. Not give, directly or indirectly, incentives in cash or in kind to health professionals and health personnel, retail outlets, and childcare centers as an inducement for promoting designated products.
13. Not obtain, directly or indirectly, personal details of infants and young children, pregnant women, and mothers of infants and young children from any source for the purpose of promoting designated products.
14. Not permit company personnel to:
    1. Have direct or indirect contact with pregnant women, parents of infants, members of their families, and child-care providers for the purpose of promoting designated products.
    2. Perform educational functions related to infant feeding.
    3. Perform promotional activities related to designated products at childcare centers. Manufacturers and distributors may be permitted to address queries related to the use of their products and to investigate specific complaints related to their products.
15. Not allow company personnel to wear uniforms, that are similar to that of any health professional or health personnel except on their company premises.
16. Not display designated products in public events including trade shows, conferences, seminars, exhibitions, or any other similar forums.
17. Not provide any mother-craft service, either directly or indirectly, for the purpose of promoting designated products.

General Guidelines on Information Materials

1. Health Professionals may receive information materials that are factual and scientific relating to designated products
2. Other health personnel may only receive such materials through a health professional or in the context of a scientific meeting.
3. The use of such information materials as a medium for promoting a designated product is prohibited.
4. Information materials on designated products should devote at least one-quarter of its content or space to breastfeeding, focusing on the following:
   1. The importance of early initiation of breastfeeding within one hour of delivery;
   2. The benefits of breastfeeding and the superiority of breast milk;
   3. Maternal nutrition and management of breastfeeding;
   4. The negative effects on breastfeeding of introducing partial bottle feeding;
   5. The difficulty of reversing the decision not to breastfeed;
   6. Advice and support of breastfeeding for working mothers
5. Materials on the use of infant formula, follow-up formula, or special formula should contain information about:
   1. The proper use of the product;
   2. The social and financial implications of its use;
   3. The health hazards of unnecessary or improper use of the product.
      
6. Claims about products should reflect scientific integrity without implying that any product is superior, similar, or equal to breast milk.
7. Presentation of a product’s benefits with reference to breast milk or a mother’s breast is not permitted.
8. Balanced and factual information about any designated product is allowed so long as it does not challenge the supremacy of breast milk. Illustrations (table, graph, chart, diagram) and statements comparing breast milk or a mother’s breast with the product in reference to a research study are permitted provided the study is incorporated either in whole or as an abstract.
9. Scientific literature which contains factual information on topics related to infant and young child nutrition is permitted.
10. Pack shots on information materials may be permitted upon approval by the Vetting Committee.
11. Factual and scientific information vetted and approved by the Vetting Committee is meant only for health professionals and health personnel and should not be distributed to the public.
12. Other information materials on designated products targeted at pregnant women, parents of infants and young children, and members of their families are not permitted.
13. The approval given by the Vetting Committee should be governed by the provisions of this Code and the issued Approval Code should be reflected on the information material and on the label. "
    

Young Child Formula 

“Young Child Formula” should comply with the requirements in Section 7.2 of 7.0 Advertising Aspects of the “General Foods” guidebook. 

7.3 Advertising Approval

“Infant, Follow-up and Young Child Formula” should comply with the requirements in Section 7.3 of 7.0 Advertising Aspects of the “General Foods” guidebook for Malaysia. Additionally, the below applies:

Infant Formula and Follow-up Formula [1]

(A) Advertising approval is required for information materials on designated products (except feeding bottles, teats, and pacifiers).

(B) Vetting Committee on the Code of Ethics for the Marketing of Infant Foods and Related Products. 

Submission must comprise the following:

1. The purpose and target population must be clearly stated in the submission.
2. Every request must be accompanied by one electronic copy of the material for vetting. The number of hard copies shall be determined by the Vetting Committee.
3. All vetting materials must be “in the final draft” before submission to the Vetting Committee.
4. All approved materials must be printed in exactly the same format, lettering, design, wording, style, display, and proportionate size as approved by the Vetting Committee.
5. Each vetted material is approved on its own merits and no two or more approved materials can be combined together without the approval of the Vetting Committee.
6. A copy of the final printed material or label must be sent to the Vetting Committee for record purposes.

Approved materials will be valid for a period of 3 years from the date of approval (educational materials for health professionals), or 6 months for can inserts and stickers. A request for extension is obligatory after the expiry period."

No fees for vetting of information materials; the timeline is approximately 6 months.

Young Child Formula 

“Young Child Formula” should comply with the requirements in Section 7.3 of 7.0 Advertising Aspects of the “General Foods” guidebook for Malaysia.

7.4 Other Notes or Requirements for Advertising

There are no other requirements specific to “Infant, Follow-up and Young Child Formula”. Refer to Section 7.3 of 7.0 Advertising Aspects of the “General Foods” guidebook for Malaysia.

7.5 References

1. Code of ethics for the marketing of Infant foods and related products

https://nutrition.moh.gov.my/wp-content/uploads/penerbitan/buku/TATA%20ETIKA%20PEMASARAN%20MAKANAN%20BAYI%20DA%20PRODUK%20BERKAITAN.pdf

2. Malaysian Code of Advertising Practice 6th Edition

https://asa.org.my/ManualBookR14_single.pdf