Dáil Éireann Debate, Tuesday - 3 March 2026
775. Deputy Barry Ward asked the Minister for Health the position regarding the regulation of the advertising and promotion of infant and follow-on formula both in traditional media and online; the actions she will take to address this; and if she will make a statement on the matter. [16469/26]
Amharc ar fhreagraIn alignment with international best practice and evidence-based research, national health policy (including the Healthy Ireland Framework, the National Maternity Strategy, the Obesity Policy and Action Plan, and the National Cancer Strategy) emphasises the importance of supporting mothers to breastfeed as well as taking action to increase breastfeeding rates in Ireland.
The Department of Health has engaged with Coimisiún na Meán, as the competent authority to establish a regulatory framework for online safety, update the regulation of television broadcasting and audiovisual on-demand services, and transpose the revised Audiovisual Media Services Directive into Irish law.
In 2023, the Department set up an inter-departmental group with Coimisiún na Meán and other agencies to ensure online safety codes relating to the marketing of foods high in fat, salt and sugar and also follow on formula, where there is a public health concern with regard to the health of children remains a priority for an Coimisiún. Officials in the Department of Health have engaged with the Coimisiún na Meán to discuss developments in relation to such codes. The Department has also made two submissions to the public consultations held by Coimisiún na Meán in January and December 2024. Coimisiún na Meán have indicated that the restriction of advertisement of infant formula and breastmilk substitutes is included in their work plan for the future and the Department expects to be involved in further discussions around this area in due course.
The World Health Organisation (WHO) established the WHO International Code of Marketing Breastmilk Substitutes to promote safe and adequate nutrition for infants, by the protection and promotion of breastfeeding and by ensuring the proper use of breast-milk substitutes. The Code applies to breast milk substitutes (infant formula) when marketed or otherwise represented to be suitable, with or without modification, for use as a partial or total replacement of breast milk.
Under EU legislation, the requirements for promotional and commercial practices for infant formula are set out in Commission Delegated Regulation (EU) 2016/127. These measures are designed so that the marketing and distribution of infant formula does not interfere with the protection and promotion of breastfeeding. The Health Service Executive (HSE) Breastfeeding Action Plan Progress Report action 3.13 regarding strengthening compliance with the international Code of Marketing of Breastmilk Substitutes noted that provisions in relation to the marketing of commercial milk formula have been included in clinical infant feeding polices for maternity and primary care services and within the National Standards for Infant feeding in Maternity Services. In 2021, the HSE launched a national policy on the marketing of breast milk substitutes to protect parents and staff along with a guidance document for working within the code.
In 2025 the Department of Health formed a breastfeeding steering group to research and design the development of a new whole of government breastfeeding policy. While there has been a significant amount of implementation of the actions under the HSE Breastfeeding Action Plan, further implementation of these actions is required under the development of a new whole of government breastfeeding policy, including implementation of the WHO Code.
The Department has engaged independent strategy company MCCP to oversee the consultation process to assist the development of a new national breastfeeding strategy. In November 2025, the Department hosted a large multistakeholder event which included members from academic, advocacy and interdepartmental groups alongside colleagues from Northern Ireland. These groups included a member from Baby Law Feeding Group Ireland (BLFGI). The outcomes of this consultation will inform the development of a national breastfeeding strategy. In addition to this consultation, the department will further engage with BLFGI in future consultations that will be conducted through the All-Island Breastfeeding Network.
In addition to stakeholder engagement, consultation with Coimisiún na Meán is ongoing in the development of the new Obesity Policy and Action Plan and the new Breastfeeding Strategy in respect to regulation of marketing of High fat salt and sugar foods and for breastmilk substitutes.
The Deputy will be aware of the recommendations from the seventy-eight World Health Assembly Resolution entitled: “Regulating the digital marketing of breast-milk substitutes” published on the 27th of May 2025. The recommendations include engaging all government agencies responsible for implementation of the International Code of Marketing of Breastmilk Substitutes, the Guidance on ending the inappropriate promotion of foods for infants and young children and the Guidance on regulatory measures aimed at restricting digital marketing of breast-milk substitutes. The recommendations made in the WHA resolution are being addressed in the ongoing consultation with Coimisiún na Meán and will be considered by the Breastfeeding Steering group in the development of a national breastfeeding strategy.
The Department intends to build on the work of the HSE Breastfeeding Plan through the development of this new Breastfeeding Strategy and remains committed to increasing breastfeeding supports to all mothers and families in Ireland. A new national Breastfeeding Strategy is expected to be published this year.
