Formula Marketing Consultation

Breastfeeding confers a range of lifelong health benefits for both mother and infant and supports optimal growth and development in infants.  

When mothers do not breastfeed or breastfeed and use formula, they should be able to access the necessary infant formula products. However, formula should not be advertised or promoted in any way because it has been shown to interfere with the protection and promotion of breastfeeding. (International Code of Marketing of Breastmilk Substitutes 1981).

In early 2025 when the ACCC declined reauthorisation of the MAIF Agreement, the Australian Government committed to introducing legislation for a new and improved regulatory framework to replace it.  

The report on the government's the review of retailers marketing activities was released to the public on 20 February 2026 which considered the arguments for and against including retailers in the new legislation.  

Now the Department of Health, Disability and Ageing has launched a consultation process for the new legislation with a discussion paper: Restricting Infant Formula Marketing in Australia.  

Stakeholders are asked to consider the discussion paper and participate in an online survey. The survey asks questions about the areas to be included in the new legislation. These include questions about restrictions on marketing by retailers, marketing of feeding bottles and teats, marketing of toddler milks and the responsibilities of health professionals and health systems in relation to the industry and avoiding conflicts of interest.  

ABA supports the Australian Government’s commitment to introduce new legal controls on infant formula marketing and is calling for legislation that is aligned with the full scope of the International Code of Marketing of Breast-milk Substitutes 1981 and subsequent WHA resolutions.  

Only legislation fully aligned with the WHO Code will protect breastfeeding and parents’ infant feeding choices from commercial influence.