Commercial interests take priority over public health: Federal breastfeeding law long in limbo

ISLAMABAD: Over a year after its unanimous passage in the Senate, the Islamabad Capital Territory Protection of Breastfeeding and Child Nutrition Bill, 2024, remains in legislative limbo, pending the National Assembly’s approval — allegedly due to intense lobbying by the infant formula companies, federal health ministry officials and lawmakers said on Tuesday.

Introduced by Senator Prof. Dr. Mehr Taj Roghani of Pakistan Tehreek-e-Insaf (PTI), the bill seeks to promote breastfeeding and regulate the marketing and availability of breast milk substitutes for children up to 36 months of age.

The bill proposes a ban on advertising and promotional activities for formula products, restricts their sale to approved pharmacies and designated outlets, and provides for the establishment of an Infant and Young Child Nutrition Board to ensure enforcement and oversight.

Officials at the Ministry of National Health Services, Regulations and Coordination (NHSR&C) said the federal bill borrows key features from the Sindh Protection and Promotion of Breastfeeding and Young Child Nutrition Act, 2023, which earlier survived both political and legal hurdles.

“These provisions are vital to discourage unethical marketing by formula companies and to support mothers in breastfeeding,” said a senior ministry official, requesting anonymity.

“However, the industry has been actively lobbying to dilute or block such measures at the federal level, just as they tried to do in Sindh.”The official said the proposed federal legislation includes several strong clauses taken from the Sindh law, such as a complete ban on the promotion, advertisement, and sponsorship of breast milk substitutes, feeding bottles, and teats through any form of media; mandatory labeling of infant formula products with health warnings and breastfeeding promotion messages; prohibition of free samples, gifts, or other promotional material to parents and health workers; restrictions on the presence of company representatives in healthcare settings; and penalties for violations, alongside the designation of monitoring authorities.

The Sindh law was initially blocked by Governor Kamran Tessori, who refused to sign it, citing concerns over its implications for the dairy industry and constitutional jurisdiction. However, the Sindh High Court dismissed a petition against the law and upheld its constitutionality, stating that it aligned with international commitments related to child nutrition and maternal health.

At the federal level, the Ministry of National Health Services has expressed concern over the prolonged delay in the bill’s approval.Officials said the ministry had completed its part and that it was now the responsibility of Members of the National Assembly to table and pass the bill.