Feed writes to Baby Feeding Law Group urging clarity on statement regarding using cash equivalents to buy formula

On 10th August, Feed wrote to the Baby Feeding Law Group (BFLG) outlining our concerns with some of the assertations made in their statement on the ‘Legal restrictions on the marketing of commercial milk formula and the cost-of-living crisis in the UK’

In the statement the BFLG stated that:

Recent calls for retailers to accept loyalty points, grocery vouchers provided by foodbanks and local authorities, and store gift cards as payments for infant formula are known inducements to purchase a product and examples of promotion.”

We were hugely concerned by this because current laws on formula marketing state that:

There shall be no point of sale advertising, giving of samples or any other promotional device to induce sales of infant formula directly to the consumer at the retail level, such as special displays, discount coupons, premiums, special sales, loss leaders and tie-in sales.”

Thus, if what the BFLG statement asserts is true, accepting cash equivalents as payment for infant formula would currently be prohibited by law. This could subsequebntly have a signifiant impact on the implementation of multiple initiatives running across the UK to support families in need of formula by providing vouchers and gift cards to buy it, includign the Governmenrts Healthy Start and Best tart Foods Schemes.

Despite differing on our position regarding the legality of accepting cash equivalents to buy infant formula, Feed supports the calls made by the BFLG in the remainder of the statement, as these echo the calls for Government action we made in our 2020 formula access pathway review, and again in our 2022 formula access inquiry.

We look forward to a prompt reply.