Department of Health's Reiteration of the Policy on Donation of Milk Products

October 2, 2009

FDA MEMORANDUM CIRCULAR NO. 001-09

 

Pursuant to the letter (attached hereto) of the Department of Health, reiterating the prohibition and policy not to allow the donations of infant formula milk or other such products covered under the Milk Code and for other milk products not otherwise falling under the Code, the same should be directed first to the Department of Health which shall distribute or otherwise dispose of the same in accordance with its rules and regulations, strict compliance of everyone is enjoined.

This Memorandum shall take effect immediately.

 

(SGD.) NAZARITA T. TACANDONG, RPh, MPAActing Director IV

ATTACHMENT

 

Republic of the Philippines

 

September 30, 2009

 

Ms. MEGI GARCIA And Mascardo Streets,

 

Dear Ms. Garcia,

 

This refers to your letter, dated 29 September 2009, requesting the Department of Health's approval of the proposed donation of milk products by ABBOTT, FONTERRA, MEAD JOHNSON, NESTLE, and WYETH to the Inquirer Ondoy Relief Drive. EIASDT

Please be reminded that in accordance with Section 51, Rule XIV, of the Revised Implementing Rules and Regulations of Executive Order No. 51, otherwise referred to as the Milk Code, it is provided therein that "donations of products covered under the Code and these implementing rules and regulations, shall be strictly prohibited." For other donations by milk companies not covered by the Code, Section 52 of the same rules state that these "may only be coursed through the Inter Agency Committee (IAC) which shall determine whether such donation be accepted or otherwise".

In actuality, the abovementioned provisions mean that infant formula milk, or those intended for babies up to two (2) years of age and beyond, should not be allowed and those above said threshold, are to be strictly regulated.

The Department of Health reiterates its policy that infants and young children should be fed with breastmilk because there is really no substitute for it and that it gives the baby all the nutrients it requires in infancy. Donations of milk products during emergency situations such as earthquakes, floods, flashfloods and the like are generally not allowed because in such emergency, food supplies are disrupted and there may be no clean water with which to properly process infant formula or to clean feeding implements. When health care systems are stretched past breaking points, babies are oftentimes the first to suffer from infection and develop diarrhea. Unfortunately, the gut response has always been to feed the baby with infant formula which leads to further malnourishment, more diarrhea, unnecessary illness and at times, death.

In the confusion that surrounds emergencies, these milk products are often distributed in an uncontrolled way, without benefit of health counseling, and eventually are used by mothers who would otherwise have breastfed their babies. The real solution in such an event is to practice even more breastfeeding, not less of it. It is to encourage mothers to feed their babies as God had wanted infants to be nourished. Help should be directed towards the mother in order to sustain and give her the essential foods and needed nutrients in order for her to effectively nourish her own child through breastfeeding. IHCacT

We are painstakingly aware that our desire to help our brethren in requesting for milk donations has nothing but the very best of intentions and this we can only recognize as laudable. It is however our belief that this often tried and tested solution has not given the desired health outcomes and in fact resulted in the opposite. For in the aftermath of every such emergency, breastfeeding rates are usually one of the first to suffer which then results in deteriorating health conditions of our infants.

Thus, based on the aforementioned, we reiterate the policy of the Department not to allow the donations of infant formula milk or other such products covered under the Milk Code and for other milk products not otherwise falling under the Code, the same should be directed first to the Department of Health which shall distribute or otherwise dispose of the same in accordance with its rules and regulations.

For your information and guidance.

 

Very truly yours,

 

(SGD.) ALEXANDER A. PADILLA