Baby milk firms win court fight

Mothers are advised breastfeeding is best for their babies

Baby milk manufacturers have won a High Court battle to delay introducing stricter labelling rules.

The Food Standards Agency and the UK government wanted tighter rules on marketing and promoting all formula milks brought in last month.

But manufacturers said that did not give them enough time to re-label existing stocks.

The new rules are now set to come into force from 2010 - but the government has been given leave to appeal.

This is a very disappointing judgment Patti Rundall, Baby Milk Action

The manufacturers, represented by the Infant and Dietetic Foods Association (IDFA), successfully argued that an EU directive, which aims to ensure breastfeeding is not undermined by the promotion of formula milks, gave them until December 31 2009 to alter labelling

Changes proposed include removing claims such as "closer to breastmilk" on the packaging of products for babies under six months, and new restrictions advertising milk for older babies, known as follow-on formula.

Consequences

The IDFA has said it is not against bringing in the new rules, but that it feared breaches of the new labelling requirements - caused by too fast an introduction - could result in criminal charges.

But Patti Rundall, policy director of Baby Milk Action which campaigns for tighter controls on the baby food industry, said: "This is a very disappointing judgment.

"The legal action itself shows the irresponsibility of the manufacturing companies in seeking judicial review purely for their own commercial purposes, putting those way ahead of the need for new labelling to protect the health of babies.

"Their actions could have serious social and environmental consequences."

If a government appeal fails the regulations will have to be re-drafted following this High Court judgment.