New rules in Thailand will force baby formula companies to stop advertising, giving away and discounting so-called baby milk, which experts say could be contributing to obesity and other health problems among children in the country.
Next comes the action a ProPublica investigation which showed how the US worked to weaken Thailand’s last major attempt to ban formula advertising in 2017.
Thai health authorities at the time hoped to halt marketing of all formula products as part of their efforts to increase breastfeeding rates in the country, which was among the lowest in the world. Of particular concern was infant formula, a type of formula made specifically for young children, often highlighted in bold and, experts sayunsubstantiated health claims. But formula makers such as Mead Johnson asked U.S. trade officials to intervene, sparking a 15-month campaign of diplomatic and political pressure that led to an exemption from infant milk advertising.
Last year, baby milk — a processed drink that typically includes milk powder, vegetable oil and sweeteners — accounted for more than half of all formula sales in Thailand, according to Euromonitor, which tracks sales data.
The US intervention in Thailand was one of the rough ones two dozen such efforts documented by ProPublica this year during an investigation into the federal government’s long-term support of the multibillion-dollar formula industry. In recent years, this advocacy has often focused on opposing local efforts to regulate the marketing of formulas worldwide.
Health officials and activists say such ads can mislead parents and even cause mothers to give up breastfeeding too soon, depriving babies of a number of health protections. Mead Johnson did not respond to a request for comment. But the industry has defended its advertising of baby milk, saying it “can support nutrient intake and potentially fill nutritional gaps for children 12 months and older”.
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In Thailand in 2023, ProPublica noticed huge displays of infant formula cartons on grocery store shelves next to infant formula cartons. Companies offered big discounts on drinks for toddlers and gave away things like toys, musical instruments and even small swings in exchange for purchases.
“The marketing is quite aggressive,” said Dr. Titiporn Tuangratananon, who worked on the Thai health ministry’s efforts to impose new restrictions.
In 2016 and 2017, U.S. trade officials criticized Thailand at the World Trade Organization for proposing to limit advertising of milk to infants. Officials said at the time that the rules raised doubts about whether they did “more restrictive trade than necessary.”
This year, however, the US took a different approach. In a letter to Thai authorities, officials said the U.S. “supports Thailand’s goal of preventing deceptive marketing practices, thereby protecting the health and well-being of both infants and young children.”
While trade officials raised questions such as what products would be covered and why the new rules would restrict marketing that is not deceptive or inaccurate, they did not echo industry concerns about whether the rules are inconsistent with trade agreements, show documents obtained by ProPublica.
In response to questions, a spokesman for the US Trade Representative’s office said the agency and other trade policy stakeholders support “science-based” regulatory decisions.
“Since the beginning of the Biden Harris administration, USTR has made no secret of our commitment to making sure our trade policies work for the good of the people,” said spokeswoman Angela Perez. The USTR does not “blindly” promote the will of corporations, the statement said, and departs “from the previous standard view that too often viewed legitimate regulatory initiatives as trade barriers.”
Before the adoption of new rules for the use of infant formula, the Ministry of Health of Thailand held hearings and met with representatives of companies producing milk formulas, who strongly opposed the changes.
The letter from the American Infant Nutrition Council, an industry group, said restrictions on brands of infant milk, also known as grow-out milk, could “violate Thailand’s obligations” under the WTO agreement on intellectual property.
“The Ministry’s focus on restricting information about formula and dairy products to children under 36 months of age ignores other public health and public policy concerns,” the letter said, citing issues faced by working women, the impact of local dietary practices on malnutrition . and the importance of dairy products for child development.
Another group, the US-ASEAN Business Council, said the changes could violate trade agreements and “deny Thai consumers important information to identify reputable, scientifically formulated products that are safe and effective.”
The business council declined to comment further. The Nutrition Board did not respond to questions from ProPublica.
With the new rules, Thailand joins more than three dozen countries that have imposed restrictions on the marketing of drinks to children aged 3 and over, a move backed by the World Health Organization concerns about the nutritional value of the beverages and the potential to disrupt breastfeeding.
The regulations will come into effect in July.
