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Team (2013:1054) On The Marketing Of Infant Formulae And Follow-On Formulae

Original Language Title: Lag (2013:1054) om marknadsföring av modersmjölksersättning och tillskottsnäring

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section 1 of this Act contains provisions on the



1. advertising of infant formulae and

follow-on formulae, and



2. use of infant formula donated or

sold at preferential prices to health care and

social services.



Expression in law



2 for the purposes of this Act, section



infants: children younger than 12 months,



infant formulae means foodstuffs intended especially as

nutrition for babies during the first few months and which alone

meet the nutritional requirements of infants until they start to get

appropriate complementary feeding,



follow-on formulae means foodstuffs intended particular nutritional

for infants when they begin to receive appropriate complementary feeding and which is

the principal liquid element in an increasingly varied

diet for such infants.



Ban on the marketing of breast-milk substitutes



paragraph 3 of the marketing of breast-milk substitutes are only

allowed in publications that are particularly focused on

baby care and scientific publications. All other

marketing of breast-milk substitutes are forbidden.



Marketing of products other than infant formula



4 § products other than infant formula may not at

marketing be portrayed as suited to solo cater

healthy babies ' nutritional needs during the first few months until

they begin to receive appropriate complementary feeding.



Advertising of infant formulae and follow-on formulae



paragraph 5 of the marketing of breast-milk substitutes and

follow-on formulae shall provide the necessary information about the product

use and shall not discourage from breastfeeding.



Expressions which may give the impression that the products originate from

or have the same characteristics as breast milk must not be used

in the marketing.



Infant formulae and follow-on formulae shall be at

marketing be labeled so that products cannot be

confused with each other.



section 6 of the marketing of breast-milk substitutes may only

contain the nutritional and health claims set out in the annex

to this Act and only under the conditions set out in the annex

are met.



In the case of follow-on formulae provided for nutritional

and health claims of European Parliament and Council

Regulation (EC) No 1924/2006 of 20 december 2006 on

nutrition and health claims made on foods.



Specific provisions relating to the marketing of

infant formula



section 7 of the marketing of breast-milk substitutes may only

contain scientific and factual information. Information

must not imply or convey the impression that breeding with

infant formula is equivalent to or better than

breastfeeding.



section 8 in respect of the marketing of infant formula to the

It should be pointed out that breastfeeding has advantages. It must also state that

the product should only be used on the recommendation of a person

with training in medicine, nutrition or pharmacy, or

anyone else working with infant or maternal health.



section 9 in respect of the marketing of infant formula must not

used pictures of babies or images or texts which may

idealize the use of the product. In the marketing,

However, it used a graphical representation that makes it easy

to identify the product or showing how the product should

be cooked.



Use of infant formula



10 § it is forbidden to health care professionals and

social service use or distribute

infant formula donated or sold to

preferential price other than to children who need it and only

as long as these children need it.



Sanctions under the marketing practices Act



11 § marketing that is contrary to any of paragraphs 3 to 9 shall at the

the application of 5, 23 and 26 of the Marketing Act

(2008:486) is considered to be unfair towards consumers.



Supervision



section 12 of the Swedish consumer agency supervises the application of the provisions

about marketing in this law are complied with.



Annex



Nutrition and health claims for infant formulae and

conditions for the use of such claims



1. NUTRITION CLAIMS



Nutrition claim if the terms and conditions of use



1.1 Only lactose product contains no other

carbohydrate than lactose.



1.2 lactose free Product does not contain more

lactose than 2.5 mg/100 kJ

(10 mg/100 kcal).



1.3 Polyunsaturated fatty acids

has been added, or

the equivalent nutrition claim

in the case of the addition of

Docosahexaenoic Acid Content of Docosahexaenoic acid

less than 0.2% of the

total fatty acid content.



1.4 nutrition claims on the

the addition of the following

Optional ingredients:



1.4.1 Taurine



1.4.2 Fructooligosaccharides

and galaktooligosackarider



1.4.3 Nucleotides Voluntarily added in a variety of

that is appropriate for the intended

special usage and in

accordance with the conditions in question

If mother's milk the

composition that has

provided for under paragraph 6 of 3

the Food Act (2006:804).



2. HEALTH CLAIMS (INCLUDING REDUCTION of DISEASE RISK CLAIMS)



Health claim on terms and conditions for use



2.1 reduced risk of allergy

to milk proteins. This

health claim may include

terms referring to

decreased allergenic or

decreased antigenic properties. a) objective and scientific

coated data that proves the

alleged properties should be

available.



b) infant allowance

comply with the conditions in terms of

mother's milk the

composition that has

provided for under paragraph 6 of 3

the Food Act (2006:804).

The amount of immune reactive protein,

in terms of recognised

methods, should be less than

1 percent of the nitrogen-containing

substances in mother's milk.



(c)) the label shall clearly state the

that this product must not be consumed

of children who are allergic to the

intact proteins it is

produced by such a text.

not needed if generally recognised

clinical trials show that

infant allowance

tolerated by more than 90 per cent

of infants (95%

confidence intervals)

allergic to the protein

which the hydrolysate is produced

by.



d) infant compensation may

When oral administration is not giving

rise to hypersensitivity in

animals to the intact proteins

which the hydrolysate is produced

by.