amendments to Infant Formula Legislation
The Infant Formula and Follow-on Formula (England) (Amendment)
Regulations 2008 which come into force on 29 October 2008 amend the
2007 Regulations to give effect to the High Court judgment earlier
this year in a case brought by the Infant and Dietetics Food
Association Limited.
Following that judgment, the High Court granted a declaration
that the Infant Formula and Follow-on Formula (England) Regulations
2007 failed to comply with the relevant directives in that they
stipulated that baby milk companies needed to comply with the new
labelling requirements from 11 January 2008 instead of from the
correct date of 31 December 2009.
These amending regulations:
- revise the list of regulations that have to be complied with to
market infant formula or follow-on formula
- provide that the presentation of infant formula and follow-on
formula must comply with the provisions of specified regulations
- the labelling requirements for infant formula and follow-on
formula and
- the requirements that apply in relation to the shape,
appearance and packaging of infant formula and follow-on
formula
The effect of the High Court judgment and consequent amending
Regulations is that manufacturers of infant formula and follow-on
formula have until 1 January 2010 to introduce the new labelling
requirements.
The advertising provisions within the 2007 Regulations applied
from 29 February this year and are unaffected by the amendments
made by the 2008 Regulations. The existing transitional period,
until 1 January 2010, for compositional requirements is
retained.
The Infant Formula and Follow-on Formula (England) (Amendment)
Regulations 2008 can be found at: http://www.opsi.gov.uk/si/si2008/pdf/uksi_20082445_en.pdf.
