Proposed Amendments to the Food Regulations Regarding Labelling and Advertising for Infant Formula

Agri-Food & Veterinary Authority, Regulatory Administration Group

Consultation Period: 10 Nov 2017 - 15 Dec 2017

Status: Closed - Summary of Responses

Consultation Outcome

PUBLIC CONSULTATION ON PROPOSED AMENDMENTS TO THE

FOOD REGULATIONS REGARDING LABELLING AND

ADVERTISING OF INFANT FORMULA

Summary of Comments and Revised Scope of Amendments

This document provides: 

(A) a summary of SFA’s response to the feedback received from stakeholders during the public consultation exercise on the proposed amendments to the Food Regulations regarding labelling and advertising of infant formula, which was conducted from 10 November to 15 December 2017; and

(B) a summary of the finalised amendments to the Food Regulations, taking into consideration the feedback received from the public consultation.  

(A) SFA’s response to comments received from consultation on proposed amendments to the Food Regulations on labelling and advertising of infant formula

1. Following the amendments to the Sale of Food Act (SOFA) in November 2017 to strengthen consumer protection, the Singapore Food Agency (SFA) had proposed amendments to the Food Regulations to tighten labelling and advertising requirements for infant formula.
2. SFA conducted a public consultation during the period of 10 November to 15 December 2017 on the proposed amendments to the Food Regulations regarding the labelling and advertising of formula milk for infants (i.e. a person not more than 12 months of age).
3. A total of 7 comments were received at the close of the public consultation exercise. SFA has responded to all the comments provided by stakeholders. SFA has considered and reviewed each submission, and has examined the key issues identified. SFA’s response to these comments are made available at Annex I.

(B)  Scope of the finalised amendments to the Food Regulations regarding the labelling and advertising of infant formula 

4. The scope of the amendments to the Food Regulations relating to the labelling and advertising of infant formula is summarised below.   

5. Certain types of claims or representations will not be allowed on the label or advertisements of infant formula; these include:  

(a) a claim which states, suggests or implies that the infant formula  has, or may have, a health effect. Details of what would constitute a “health effect” will be set out in the amended Food Regulations;

(b) a claim which compares the infant formula to breast milk;

(c) any of the following:

(i) a representation of an infant or infants (whether or not accompanied by text);

(ii) a representation of a pregnant woman or nursing woman (whether or not accompanied by text);

(iii) a word like “humanised” or “maternalised”, or words of similar import;

(iv) a claim which idealises the use or effect of the infant formula

(d) a claim which states, suggests, or implies the energy, carbohydrate and other nutritive property of any ingredient of the infant formula, other than those listed under Regulation 252(5) and (6) of the Food Regulations; and

(e) a claim which states, suggests, or implies that the infant formula is enriched or fortified, or is an excellent source of the ingredients listed under Regulation 252(5) and 252(6) of the Food Regulations.

6.  In addition, the label on any package for infant formula will be required to contain:

(a) statements, preceded by the words “Important Notice” or words of similar import, to ensure that consumers understand that

(i) breastmilk is best for infants; and

(ii) infant formula should be used on the advice of a doctor or healthcare practitioner; and

(b) a warning statement about the health hazards of improper use, preparation or storage of infant formula.

7. The draft legal text of the amendments to the Food Regulations regarding labelling and advertising of infant formula¹ will be made available at www.sfa.gov.sg/legislation.

¹ For the purposes of this document, the term “infant formula” also includes any component, ingredient, constituent, or any other feature of the infant formula.

Detailed Description

Aim

The Agri-Food and Veterinary Authority (AVA) is seeking feedback from stakeholders on the proposed amendments to the Food Regulations concerning the labelling and advertising requirements for infant formula for infants 0 – 12 months of age.

Background

2   On 10 May 2017, the Competition Commission of Singapore (CCS) released its findings from a market inquiry into the supply of formula milk in Singapore. The inquiry was conducted to understand the reasons for the significant increase in the prices of formula milk in Singapore in recent years. According to the Singapore Department of Statistics, the average retail price of formula milk has more than doubled over the past nine years. Based on the findings, CCS made recommendations to improve consumer awareness to counter the heavy marketing and “premiumisation” messages.

3   To support CCS’ recommendation and as part of the “Whole of Government” effort to promote breastfeeding, AVA will be tightening the labelling and advertising requirements for infant formula.

Proposed amendments

4  AVA has completed a review of the Food Regulations and proposes the following amendments (I) to (IV) to the regulations for infant formula. 

(I) Inclusion of mandatory statements

The label for infant formula must include statements to ensure that consumers understand that

• breast milk is best for infants; and

• the infant formula should be used on the advice of a doctor or healthcare practitioner.

An example of these statements is provided below:

(II) Prohibition of use of health claims

Labels and advertisements for infant formula must not contain claims which state, suggest or imply that the infant formula or a component, ingredient, constituent or other feature of the infant formula has, or may have, a health effect.

(III) Prohibition on idealisation of infant formula

(a) Labels and advertisements for infant formula must not contain claims which directly or indirectly compare the infant formula or a component, ingredient, constituent or other feature of the infant formula to breast milk. 

(b) Labels and advertisements for infant formula must not contain claims which idealise the use of infant formula. A claim is taken to idealise the use of infant formula if the label or advertisement contains:

• a pictorial or graphic representation of pregnant women, nursing women, infants, young children or carers;

• a descriptor like “humanised” or “maternalised”, or words of similar import; or

• a pictorial or graphic representation or text which implies that infant health, happiness, well-being or enhanced abilities; or the health, happiness and wellbeing of carers, is associated with infant formula.

(IV) Prohibition and restriction on use of nutrition claims

(a) Claims with respect to energy, carbohydrate and nutrients listed under Regulation 252(3) must not be made.

(b) Claims with respect to the presence of ingredients listed under Regulation 252(5) and 252(6) are permitted, provided the claims do not in any way imply that the infant formula is enriched, fortified, or is an excellent source of these ingredients.

(c) Claims on the presence or absence of the following nutrients are permitted:

(i) Claims on the addition of hydrolysed milk protein isolate; provided that the following prescribed statements are included on the label of the infant formula 

• A statement indicating that the product is not suitable for general use and should be used under medical supervision; and

• the following statements or other words of similar meaning are included on the label:

(ii) Claims on the absence of lactose; provided that the following criteria are complied with:

•  The total lactose content is not greater than 10mg in per 100kcal;

• The exact amount of lactose in the product is declared under the nutrition information panel on the label; and

• A statement indicating the product is not suitable for general use and should be used under medical supervision. An example is provided below:

You may refer to the list of frequently asked questions (FAQs) regarding the proposed amendments in paragraph 4 (I) to (IV) which are posted under https://www.ava.gov.sg/legislation [Select “Sale of Food Act”]. The legal text is currently being drafted and will be posted on the same website when it is available.

Request for comments

5  AVA invites views and comments on the proposed amendments in paragraph (I) to (IV). All submissions should be clearly and concisely written, and should provide a reasoned  explanation for any proposed revisions.

6  Submissions should reach AVA no later than 12:00 p.m., 15 December 2017, through mail, or email, to the following addresses:

Mail: 52 Jurong Gateway Road #13-01 Singapore 608550
(Attention: Ms Tan Yi Ling)

Email: ava_labelsandclaims@ava.gov.sg

7  We regret that we will not be able to address or acknowledge every feedback or comment received. However, the feedback or comments will be consolidated and a summary of the key comments received will be published, together with AVA’s responses, on the AVA website after the close of the consultation exercise. The summary will not disclose the identity of person(s) or organisation(s) providing the feedback or comments.

Annex I - Public Consultation on Proposed Amendments To The Food Regulations Regarding Labelling And Advertising For Infant Formula [PDF, 224 KB]