Vinia Datinguinoo Mukherjee: Congratulations, PCIJ! Mabuhay kayo!
Lead Philippines: But without credible mass media there, what is left to protect the people..?
vonjobi: it's juned sOniDo.
Lead Philippines: Can't believe this is still happening in the country. If the government does nothing, I won't be...
Keith Bacongco: who could we forget Alecks here in Mindanao... aside from PCIJ trainings, he also helped us a lot...

Latest Message 3 days, 17 hours ago

hopeless_race : Sana itreat naman po ng media ang hacienda luisita at mendiola massacre na parang MAGUINADANAO MASSACRE. Ipublicized ang mga katotohanan at ipakita sa tao ang karumaldumal na pinaggagawa sa mga farmers dun. Untouchable po ba sila cory at danding at hindi magawang batikusin ng media about these two massacres?
hopeless_race : Kapag napaguusapan ang mendiola at hacienda luisita massacre ay parang walang nangyari at parang hindi big deal. Anu po ba ang pinagkaiba ng dalawang nabanggit na massacre sa maguindanao massacre?
hopeless_race : Its sad that we pinoys are blind to the fact of what had happened in mendiola and hacienda luisita. Ang tanong..bakit ang media ay hindi manlang matackle ang ganitong usapin? Takot ba sila kay cory at danding?
hopeless_race : Wilkins" brand, for P1.4 billion.-1999 Sugarland Multi-Food Corp. for P2.9 billion 2001- Purefoods Corp P7 billion P60 billion Coca-Cola ... See More 2002- Cosmos Bottling Corp. from RFM Corp. for P14.1 billion October 2008- GSIS' shares in Meralco worth PHP30 Billion. December 2008- country's biggest oil refiner, Petron Corporation. international company shopping spree: Australian boutique brewer J. Boag and Son for A$96 million in 2000. $97 million for Thai Amarit Brewery Ltd $35.5 mi
hopeless_race : Gud am..glad to be back.
jr_lad : rip mr. alecks pabico. you'll be greatly missed!
sevens21 : Dati input mo lng name at SSS ID makukuha mo agad STATIC INFO...
sevens21 : tawag ka sa HOTLINE nila walang ANSWER grrr we need pa namn ng static info SSS Gising!!!
sevens21 : Gawa naman po kayo ng article about SSS. Pangit ng site nila dali ma blocked ng account
guest_899 : we must check the background of each potential candidates to avoid having another big mistake like GMA
guest_899 : congratulations to PCIJ, more power and God Bless !
jazzymuver : how did Arroyo swallow that kind of things!! how come that she just spend the money our countrymen for her own sake!!
guest_3664 : i would be glad if u can include the investigation of the manner public officials announce infra projects as per COA regulation. It is frustrating to see their faces on the tarpaulin instead of the prescribed information like name of project, date of implementation,amount of contract, source/s of fund, among other things. This is very rampant here in Marikina. Thanks and more power on your noble endeavors. We need people like you to have make our country great again.
jhanz_08 : im making research on R.A 9136...with rgards to the privatization of NPC..could someone out there can let me understand more bout this matter?why was monopoly dismantled?email me..jhanycem@yahoo.com...thanks much
erika marie : P.S.:) my paper is due next week and i do hope someone could provide me these reports coming from reliable resources thank you ulit.
erika marie : P.S.
guest_4275 : i am currently doing a study regarding political killings in the philippines. could someone out there please send me human rights reports under Aquino and Ramos administration. you could send it at my email: erikamariet@yahoo.com your response would surely be very much appreciated. thank you everyone. god bless.
guest_4275 : i am currently doing a study for my paper regarding political killings in the philippines. i noted that there are no human rights reports during the Aquino and Ramos administration. could someone out there please send me reports regarding these matter? i do hope these reports came from reliable resources you could send it in my email; erikamariet@yahoo.comyour response would surely be appreciated. thanks everyone. god bless.
jayson bourne : gusto ko po maging member ng PCIJ, panu po ba? may application po ba? sana mapadalhan nyo ako ng info sa email ko... www.jboxpenshoppe@yahoo.com
jayson bourne : cory is OK, but kris & Noynoy sensationalize masyado...
guest_9891 : LABAN pa rin!
meow : boycotts worked during marcos years. how about doing it now against the businesses of the con-ass congressmen?
meow : aside from 168, what other establishments can we boycott that belong to the arroyos and their cronies?
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Breast or bottle: The final showdown

Posted by: Lala Ordenes-Cascolan | June 20, 2007 at 7:30 pm
Filed under: In the News, Public Health

THE battle between breast and bottle saw its final showdown at the Supreme Court Tuesday, when the court en banc heard the oral arguments presented by the Department of Health (DOH) through Solicitor General Agnes Devanadera, against the Pharmaceutical and Healthcare Association of the Philippines (PHAP), a group of pharmaceutical and milk companies.

Bare-breasted women protest in support of stalled rules banning advertising of breastmilk substitutes. [photo courtesy of gmanews.tv] The High Court has ordered both sides to submit their written comments on the oral arguments within 30 days. Chief Justice Reynato Puno has said that because of its “far-reaching implications” the issue will be resolved as soon as the parties have submitted their comments.

Earlier, trade and industry secretary Peter Favila reportedly sent a letter to Devanadera to caution her about the negative implications on investments in the event that the revised Implementing Rules and Regulations (RIRR) take effect.

The controversy stemmed from the implementation of the RIRR of Executive Order 51, or the Milk Code. The RIRR prohibits the promotion of breastmilk substitutes for children up to two years of age; disallows breastmilk substitutes from making any health and nutrition claims; and, requires breastmilk substitute containers to be labeled with a warning that inappropriate preparation and improper use may have health hazards.

The DOH has blamed the milk companies for the decline in breastfeeding rates, specifically, the aggressive and unethical marketing of breast milk substitutes. For 2006, milk companies have spent P2.5 billion in advertising for the first half alone, according to AC Nielsen Media Research. A small amount compared to the P21 billion annual profit of the milk companies, which, according to the DOH, is a conservative estimate. (Read the PCIJ report on breastfeeding.)

The health department has been advocating for tighter regulation against breast milk substitutes. They have good reason for doing so. In 2003, results of the National Demographic and Health Survey (NDHS) showed that:

Only 16.1 percent of infants are exclusively breastfed up to four to five months of age;

13 percent of infants were never breastfed, making the Philippines the lowest in ever breastfed rates among 56 countries that have conducted a DHS in the past ten years;

39 percent of infants are using infant formula in their first 12 months of life;

Half stopped exclusively breastfeeding by the third week of life;

Infants delivered in a health facility or by a health professional are less likely to breastfeed.

This decline in breastfeeding rates in the country has resulted in death and malnutrition of children under 5 years of age. In 2004, there was a reported 82,000 under 5 deaths in the Philippines, making the Philippines one of the 42 countries that account for 90 percent of under 5 deaths.

The World Health Organization (WHO) has also reported that at least 16,000 infants die in the Philippines annually, deaths that could have been prevented had there been exclusive breastfeeding in the first hour; exclusive breastfeeding for the first six months; and continued breastfeeding and appropriate complementary feeding to at least two years.

Aside from the deaths that could have been prevented, Unicef has enumerated the costs of inappropriate infant feeding practices:

1.2 million more illness episodes;
10 million more days ill;
450,000 more health facility visits;
36,000 more infants hospitalized.

Economically, this translates to:

P320 million in funeral expenses;
P1 billion in lost wages caring for sick infants;
P100 million on out of pocket expenditure for health facility visits and basic drugs;
P50 million out of pocket for hospitalizing their infants;
P230 million government expenditure on hospitalization;
P21.3 billion to purchase formula.

In the National Nutrition Survey conducted by the Food and Nutrition Research Institute (FNRI) in 2003, it was found that 27.6 percent of Filipino children below the age of five were underweight and 30.4 percent were stunted.

Alarmed by these statistics, the DOH, through then Health Secretary Francisco Duque III, signed the revised IRR.
PHAP filed a temporary restraining order (TRO) against the enforcement of the RIRR, arguing that the rules went beyond the powers of EO 51.

PHAP contended that:

While the Milk Code limits its coverage to infants, defined under EO 51 as “a person falling within the age bracket of 0-12 months,” the RIRR extended its coverage to young children.

The Milk Code recognizes that milk formula may be a proper and possible substitute for breast milk in certain instances, showing that EO 51 only provides for the regulation of the use of formulas, not its outright prohibition.

While EO 51 merely regulates advertising and promotional activities and materials for milk formula, the RIRR imposes an absolute ban on advertising, promotions or sponsorships of milk formula.

The Milk Code allows the dissemination of scientific information and factual matters regarding the products to health professionals.

While the Milk Code permits the manufacturers and distributors to extend assistance in the research, scholarships, and continuing educations of health professionals, the RIRR unqualifiedly prohibits being involved in policy-making entities concerned with the advancement of the government’s breastfeeding program.

The RIRR imposes additional labeling requirements not found in the Milk Code and forbids the use of health and nutrition claims in advertisements.

While EO 51 merely regulates the donations of sample products and give-aways, the RIRR prohibits the same.

The RIRR provides administrative sanctions for violations, these are not provided in the Milk Code.

The RIRR provides for the repeal of existing laws, which could only be done by an act of Congress.

The milk companies further claim that the implementation of the new rules will cost them nearly P10 billion and that consumers’ right to information will be violated.

The Supreme Court initially denied PHAP’s TRO on August 11, 2006. Four days later, on appeal, the high court overturned its earlier decision and granted the TRO.

Observers have noted that the turnaround coincided with the letter from the president of the US Chamber of Commerce to President Arroyo saying that the implementation of the RIRR would have “negative consequences for investors’ confidence in the predictability of business law in the Philippines.”

See a copy of the letter here.

The DOH filed a petition seeking to lift the TRO, arguing that the TRO has “tied the hands of government in solving the worsening problem of infant mortality and malnutrition which is attributable to the unregulated and unchecked advertising of infant milk formula and breast milk substitutes that convey messages that undermine breastfeeding and glamorizes infant formula.”

This entry was posted on Wednesday, June 20th, 2007 and is filed under In the News, Public Health. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

4 people have left comments

[...] Translation in the reality of Philippine context according to the PCIJ: The DOH has blamed the milk companies for the decline in breastfeeding rates, specifically, the aggressive and unethical marketing of breast milk substitutes. For 2006, milk companies have spent P2.5 billion in advertising for the first half alone, according to AC Nielsen Media Research. A small amount compared to the P21 billion annual profit of the milk companies, which, according to the DOH, is a conservative estimate. (Read the PCIJ report on breastfeeding.) [...]

Milk Wars: Spare the children from capitalism by The Four-eyed Journal wrote on July 14, 2007 - 8:58 am | Visit Link

[...] A background on the milk wars between milk companies and health authorities is provided by Inside PCIJ. The blog also uploads the letter by US businessmen urging the Philippine government to remove ban on milk ads. Read also the arguments raised by milk companies why the Supreme Court should rule in favor of their petition. Celeste Ann Castillo Llaneta writes an article for UP Forum detailing the legal basis of milk regulation in the country. [...]

Global Voices Online » Milk wars in the Philippines: Breastmilk versus Infant Formula wrote on July 20, 2007 - 8:27 am | Visit Link

[...] of this, breastfeeding advocates have been finding other ways to put their message across. With a legal battle still pending before the Supreme Court, similar battles to win the hearts and minds of lactating [...]

INSIDE PCIJ » A mother’s breastfeeding story wrote on August 6, 2007 - 5:20 pm | Visit Link

[...] more info click here, here, here, here and [...]

On Breastmilks | The Mis-Adventures of a Philippine SEO Specialist wrote on September 4, 2008 - 10:36 am | Visit Link