2. Relevant Laws and Regulations
• International Code of Marketing of Breast-
milk Substitutes
• Executive Order No. 51 or the Milk Code
• Republic Act No. 7600 or The Rooming-in
and Breastfeeding Act of 1992
• Republic Act No. 10028 or Expanded
Breastfeeding and Promotion Act
• IRR and RIRR of the Milk Code
• IRR of Expanded Breastfeeding and
Promotion Act
Legal Rights of Breastfeeding Mothers
3. International Code of Marketing Breastmilk Substitutes
• Aim – protect and promote breastfeeding by ensuring
appropriate marketing and distribution of breastmilk
substitutes
• Covers infant formula, other milk products, cereals for
infants, vegetable mixes, baby teas and juices, follow-
up milks when marketed or otherwise represented
as partial or total replacement for breastmilk
• Also applies to feeding bottles and teats
• Prohibited acts:
– No advertising to the public
– No free samples to mothers, families or health
workers
– No promotion (product displays, posters, free
gifts/samples or free or low-cost supplies to any part
of health care system)
Legal Rights of Breastfeeding Mothers
4. E.O. No. 51 or the Milk Code
• Signed into law by former Pres. Cory Aquino on 20 October
1986
• Important to understand scope: breastmilk substitutes
– Infant formula, other milk products, foods and beverages, feeding
bottles and teats
• Regulated acts:
– Advertising – needs prior permission from Inter-Agency Committee
• Prohibited acts:
– Giving of samples and supplies of products, gifts of any sort
– Point-of-sale advertising, promotion device (displays, discount
coupons, premiums, special sales, bonus
– Giving of gifts/articles/utensils which promote use of breastmilk
substitutes or bottlefeeding
Legal Rights of Breastfeeding Mothers
6. Republic Act No. 7600
• Rooming in as a national policy to encourage, protect
and support breastfeeding
• Covers all private and government health institution
• Exemptions – mothers who are:
– Seriously ill, taking medications contraindicated to
breastfeeding, violent/psychotic or those whose
conditions do not permit breastfeeding or
rooming-in
• Provide facilities for breastfeeding collection and
storage
Legal Rights of Breastfeeding Mothers
7. Salient Points of Republic Act No. 10028
• Signed into law by former Pres. Gloria Macapagal-Arroyo on
16 March 2010
• Setting up of lactation stations in private enterprises
(including NGOs) and government offices
• Expenses incurred for setting up stations, lactation programs
are deductible expenses for income tax purposes
• Provision of “lactation periods” for breastfeeding employees
in addition to meal times (at least a total of 40 minutes for
every 8-hour work period)
• Encourage health institutions to put up breast milk banks
• Inclusion of breastfeeding in school curriculums
• Set August every year as Breastfeeding Awareness Month
Legal Rights of Breastfeeding Mothers
8. IRR and RIRR of the Milk Code
• No more TV ads, billboard, print ads, radio ads for products within the
scope of the Code. But companies get around this:
– Re-branding their products. E.g. Enfamama to promote Enfa+ line
– Promoting milk for older kids e.g. 3+ and usually these follow-on milk
have the same brands
• No more visible health/nutritional claims – companies still do this for
follow-on milk. Check photo.
• Increase of scope: from 0-12 months to 24 months
• Now considers the “total effect” of advertising materials instead of
specific prohibitions on text/information
• Prohibition on health/nutrition claims (gifted child, higher IQ)
• No manufacturers, distributors, representatives are allowed in ANY
activity on breastfeeding or misleading information or claim.
Violation: False promotion, classes/seminars for women and
children
• Compliance and reporting violations are BIG ISSUES
Legal Rights of Breastfeeding Mothers
9. IRR of RA10028
• Provision of lactation stations and implementation of
a workplace policy that protects, promotes and
supports the breastfeeding program
• Requires that workplaces comply with the Milk Code
• Requires that employers make sure that
staff/employees are made aware of RA10028 and IRR
– give information on how women can combine work
and breastfeeding
• Lactation periods: 2-3 breastmilk expressions lasting
15-30 minutes each within a workday
Legal Rights of Breastfeeding Mothers
10. Your Role as LATCH Counselors
• Be aware of Milk Code violations and DO NOT
VIOLATE THE MILK CODE
• Apprise mothers of their rights under the Rooming in
Act - suggest that they print-out Unang Yakap Step by
Step Guide before delivery
• Inform them that they can continue to breastfeed
even if they return to work and inform them about
the lactation room and policy requirements
• Encourage them to talk to HR about setting up
lactation rooms/policy at their work place if not
available.
Legal Rights of Breastfeeding Mothers
