Baby Feeding Law Group update statement confirming use of cash equivalents to buy formula is lawful
We are delighted that, after reviewing the concerns raised in our letter dated 10th August, the Baby Feeding Law Group (BFLG) have today updated their statement on the ‘Legal restrictions on the marketing of commercial milk formula and the cost-of-living crisis in the UK’ confirming that accepting cash equivalent tender to purchase formula is lawful.
In the updated statement the BFLG say:
…current UK legislation restricts the marketing of infant formula, and these
restrictions remain relevant and important, especially amid the cost-of-living crisis. Such restrictions include not allowing sales inducements on infant formula at retail level. This restriction does not apply to cash equivalent payments, such as vouchers from food banks and Local Authorities.
In an accompany email, Vicky Sibson, Director of First Steps Nutrition, Secretariat for the BFLG said:
Please see here an updated statement: “Legal restrictions on the marketing of commercial milk formulas and the cost-of-living crisis”. In it we clarify that cash equivalent payments, such as vouchers from food banks and Local Authorities, do not constitute a sales inducement. We remain compelled to stress that the current laws restricting formula marketing should not be weakened.
That the law on formula marketing is so ambiguous that even the BFLG - a coalition of over 30 prominent infant feeding and infant health organisations including UNICEF UK, First Steps Nutrition and the Royal College of Midwives - had difficulty in interpreting it, is more than enough evidence that we need urgent clarity from the Government.
We continue to hold our position, backed by legal advice, that there is no restriction within current law, on retailers accepting cash equivalents such as loyalty points, grocery vouchers and store gift cards to buy formula. The upated statement issued today by the BFLG reinforces this position.
We applaud the BFLG for promptly revising their statement following our communication with them and invite all of their members to join us in calling on the Government to review the law, and give retailers the green light to accept cash equivalent tender as payment for infant formula.
