Supermarkets are running promotions on baby milk that could break the law hundreds of times a year, campaigners claim.
They say hundreds of potentially illegal deals and displays are being reported every week.
ASDA, Sainsbury’s, Boots, Tesco and Superdrug have been the subject of complaints as cut-price sales and displays promoting first formula milk are found on the shop floor.
A Sunday Mirror investigation with Baby Milk Action found scores of complaints about shops ignoring laws designed to promote breastfeeding.
The retailers are said to be falling short of international restrictions promoted by the World Health Organisation (WHO).
The guidelines were introduced in 1981, when the organisation decided that “the vulnerability of infants in the early months of life” made “usual marketing practices unsuitable for these products”.
UK laws follow WHO guidelines, and it is illegal to “make any special display of an infant formula designed to promote sales”.
The law also prohibits “special sales” or “any other special activity” by a retailer to promote the buying of an infant formula.
Reducing the price of formula milk – designed for babies up to six months – is not allowed under the 2007 Infant Formula and Follow-on Formula Regulations. The penalty is a maximum £5,000 fine.
But in July there were 50 reports made to the group by concerned members of the public up and down the country, while Baby Milk Action say as many as 20 breaches are reported on average each week.
Patti Rundall, Policy Director at Baby Milk Action, told the Sunday Mirror: “Short term reductions in prices are harmful and risky to child health, because they encourage parents to buy on impulse.
“A decision to buy a breast milk substitute is an important one that should be based on truly independent and sound information, taking all the risks of not exclusively breastfeeding into account.
“What we feed babies is unlike any other consumer ‘choice’. Breast milk is the sole food that a child needs for the first six months so is unlike any product on sale – a parent or carer is making a decision that will affect that child’s health and development for years to come.”
ASDA had the most complaints last month, with a total of 11 reports of rule breaking made by concerned customers to Baby Milk Action.
There were 10 involving Sainsbury’s. Boots and Tesco were not far behind – with seven and six complaints, respectively.
Some photographs submitted to the campaign group show discount stickers applied to short-dated first infant formula, while others show end-of-aisle product placement that is also barred under the rules.
Meanwhile, Superdrug is said to have ignored the regulations by offering loyalty card points to customers purchasing first formula milk.
Potential customers were enticed with the promise of their Health & Beautycard points.
Breast milk is regarded as hugely beneficial to infants, with proven advantages for children including a stronger immune system, stronger digestive system and lower risk of obesity.
The NHS suggests that women should feed their babies exclusively with breast milk until they are at least six months old, and then continue breastfeeding for as long as possible while gradually introducing other food.
But some say the rules are too strict, and too much pressure is put on mums to breastfeed. Karis Stockwell, 22, from Carlisle, who has an eight-month-old baby, said it was unfair that short-dated milk could not be discounted.
She said: «I don’t think it’s fair that it carries a fine in that situation because even though I understand why formula isn’t discounted in general, milk that is almost out of date will then be thrown out and it seems like an awful waste.»
She added: «I tried to breastfeed but couldn’t, so I used formula. But friends who have chosen to have been judged a lot more than I have.»
A Sainsbury’s spokesperson said: “Mistakes like this in our stores are very rare and we work quickly to put them right.”
A Tesco spokesperson said: “We take our responsibilities very seriously and it is our policy not to promote or discount first milk. We will continue to work with our colleagues to ensure that these instances don’t occur.”
An ASDA spokesman said: “We take this regulation very seriously and would like to thank our customers for alerting us. We would never intentionally promote this product and are looking into what happened in these instances.”
A Superdrug spokesperson said: “Currently listings for infant milk do state loyalty points alongside the price, this is due to an automatic calculation of loyalty points earnt with the every pound spent on Superdrug.com .
«Once a customer reaches the checkout stage it is clear that infant milk purchases are excluded from earning Health & Beautycard points. We appreciate that this could be misleading and apologise for any confusion caused.
«We are currently in the process of editing the product description on each infant milk product page to make it clearer that Health & Beautycard points will not be earnt on these items.”
Breastfeeding versus formula debate
In June this year the Royal College of Midwives updated its guidance on breastfeeding versus formula.
RCM chief executive Gill Walton said: “Evidence clearly shows that breastfeeding in line with WHO guidance brings optimum benefits for the health of both mother and baby. However the reality is that often some women for a variety of reasons struggle to start or sustain breastfeeding.
“If, after being given appropriate information, advice and support on breastfeeding, a woman chooses not to do so, or to give formula as well as breastfeeding, her choice must be respected.
“We recognise that some women cannot or do not wish to breastfeed and rely on formula milk. They must be given all the advice and support they need on safe preparation of bottles and responsive feeding to develop a close and loving bond with their baby.”
Is there pressure on mums to breastfeed?
Breastfeeding expert Dr Naomi Bartle, a research fellow in behavioural science at Coventry University, said: “There is pressure on mothers from both sides. I wouldn’t say there was undue pressure to breastfeed, because it is profoundly different to formula feeding.
“I don’t think anyone intends to pressure mothers, but some mums do tell us that their experience is of feeling under pressure to breastfeed.
“There is also a lot of social pressure to bottle feed- these are sometimes greater than to breastfeed.
“Marketing of formula and belief that you need ‘things’ to prepare for baby contribute to the pressures to bottle fed.
She added: “I would advise pregnant women to take their time to think about feeding their baby and talk to their family and friends.
“For a pregnant woman who doesn’t know many people who have breastfed it can be really helpful to attend a local breastfeeding support group to find other mothers.
“There is a lot of misinformation around about infant feeding, so use trusted resources and be open with your midwife about any concerns you might have about breastfeeding.
“They wont judge, but might help you open up breastfeeding as a possibility for you.
“There are also lots of great online resources around such as www.ifeedproject.co.uk.”
