Submission to Dept Health on restricting infant formula marketing

In October 2024, the Australian Government announced its intention to mandate the Marketing in Australia of Infant Formula: Manufacturers and Importers (MAIF) Agreement. The MAIF Agreement was a voluntary agreement between infant formula manufacturers and importers to not advertise and market infant formula products (for use from 0 to 12 months) to support breastfeeding in Australia. The Australian Government Department of Health, Disability and Ageing (the Department) is now seeking public views on options to mandate infant formula marketing controls in Australia.

We urge the Government to be cautious about creating a new framework that has the practical effect of limiting consumer access to product information. If the concern is that some mothers may be influenced away from breastfeeding by inappropriate marketing, then the primary response should be to improve breastfeeding support, maternal health information, lactation services and evidence-based public guidance. The answer should not be to remove or restrict the information needed by parents and carers who must make lawful purchasing decisions in real-world circumstances.

Mothers and carers do not benefit from information gaps. They benefit from accurate, plain-language, comparable and accessible information, together with good health advice and support.

We support a framework in which:

• the Department focuses on breastfeeding promotion, public health information and support for mothers
• the ACCC remains the lead regulator on misleading, deceptive, incomplete or confusing consumer-facing conduct, exercising its existing powers under ACL ss.18 and 29
• any Department-led restrictions are tightly targeted to genuinely inappropriate promotional practices, rather than broad suppression of factual product information

Why this matters to the organic industry

The concern is the broader regulatory principle. Once government moves from regulating misleading conduct to suppressing access to truthful information, market integrity begins to erode.

That has direct relevance for organic operators and other certification-based sectors. In these markets, consumers rely on disclosure to distinguish between products, production systems, standards and claims. If disclosure is weak or selectively constrained, informed choice is impaired and trust declines.

Read the full submission: Submission to Dept Health on restricting infant formula marketing