There have been some recent developments in South Africa relating to promoting and labelling foodstuffs for infants and young children.
The Regulations Relating to Foodstuffs for Infants and Young Children come into force in various stages and are designed to encourage and promote breastfeeding in South Africa by controlling access to information on bottle feeding.
On 6th December 2013 regulations came into force in South Africa prohibiting the promotion of baby formula, follow-up formula, formula for special dietary or medical purposes, powdered and liquid milks, feeding bottles, and any other products that the Minister publishes in the Government Gazette (“designated products”).
Prohibited promotional practices include advertisements, rebates, special displays to promote sales, tie-in sales, discounts, competitions, gifts, distribution of information on nutrition or feeding young children, promotional items, and exhibition of the designated product’s brand name at events for the general public. Furthermore, company personnel may not contact members of the public, directly or indirectly. Indirect contact includes internet sites, social media and help lines. Contact relating to product quality complaints and adverse events is not prohibited.
On 6th December 2014 regulations will come into force that provide strict requirements regarding the labelling and packaging of designated products.
There will be a prohibition of any graphic representation on labels. However, representations necessary to show the correct method of preparing, cleaning and using the product, together with pictures of the ingredient or prepared product, will be allowed. Company logos and brand names will be permitted, provided that they do not contain any pictures of an infant, young child or humanised figure. The label of a designated product may not refer to, promote or advertise any other designated product. Any incentive, enticement or invitation of any nature that might encourage consumers to make contact with the manufacturer or distributor or which might result in promotion of a designated product will be prohibited from appearing on the label.
Furthermore, there are strict parameters relating to the appearance and wording of the labelling for infant and follow-up formula, including requirements that the age range, and the words “does not contain breast milk”, “breast milk is best for babies”, “this product shall only be used on the advice of a health professional”, and “this product is not always sterile and may contain harmful microorganisms”, shall appear on the front main panel of the label.
Certain expressions that may be understood to identify the product as suitable to feed infants will also be prohibited. These include the terms “first growth”, “first food”, “from the start” and “best start in life”.
By 12th December 2015 all non-compliant products will need to be removed from the market.
Note that this notice only highlights some of the important provisions in the regulations, but omits a large amount of detail. For more information, please seek local legal advice.
Simonne Moodie is a member of the Brands & Marketing Team and a partner of Von Seidels in Cape Town
Issue 039
Professor Dirk Visser gave the second annual Kay Uwe Jonas lecture at the MARQUES Team Meetings in Amsterdam this month. After his speech, James Nurton asked him a few questions.
Janice Trebble of the Education Team outlines some of its recent initiatives, and explains how MARQUES members can help.
Simonne Moodie of the Brands & Marketing Team provides a summary of the new Regulations Relating to Foodstuffs for Infants and Young Children in South Africa.
MARQUES has submitted comments on the latest developments regarding trade mark reforms in Europe.
WIPO has announced several initiatives: a new publication on the Madrid system; a revised Guide to the International Registration of Marks under the Madrid Agreement and the Madrid Protocol; and amended official Madrid forms (MM forms).
WIPO Director General Francis Gurry discussed various challenges posed to trade mark protection by the proliferation of new gTLDs earlier this month.
The theme of this year’s World IP Day, which takes place on 26th April, is Movies: A Global Passion.
Update your calendar with all the MARQUES events planned for the coming year.
In the past month, MARQUES bloggers have posted on the Trunki design case; German trade mark statistics; and the DEXEUS trade mark case in Spain, among many other topics.
