Code of Conduct

The Infant Nutrition Council (“INC”) members agree to work together to resolve issues relating to the infant formula industry in Australia and New Zealand. These issues may include matters concerning the industry codes in Australia and New Zealand, the support of breastfeeding, possible false and misleading claims, food regulations and standards, food safety issues or company representatives’ conduct and activities.

Members will:

  • Uphold the values of the INC, which are to be truthful, professional, ethical and accountable and not bring the INC into disrepute.
  • Act in good faith and with due care and comply with applicable laws and regulations including where appropriate:
    • the Australia New Zealand Food Standards Code and labelling laws,
    • being a registered exporter under the New Zealand Animals Product Act (APA) 1999, and/or
    • being a registered establishment with Australian Quarantine and Inspection Service (AQIS) under the Export Control Act 1982.
  • Include a breastfeeding statement on members’ websites that include information about infant formula to the following effect:
    • Breast milk is the normal way to feed a baby and is important for baby’s health. Professional advice should be followed before using an infant formula.
    • Introducing partial bottle feeding could negatively affect breast feeding. Good maternal nutrition is preferred for breast feeding and reversing a decision not to breast feed may be difficult. Infant formula should be used as directed.
    • Proper use of an infant formula is important to the health of the infant. Social and financial implications should be considered when selecting a method of feeding.
  • Accept and abide by the letter and the intent of the industry codes in Australia and New Zealand. These are the Marketing in Australia of Infant Formula: Manufacturers and Importers Agreement 1992 (MAIF Agreement) and The Infant Nutrition Council Code of Practice for the Marketing of Infant Formula in New Zealand (INC Code of Practice).
  • Be a signatory to the MAIF Agreement if marketing infant formula in Australia.
  • Avoid collusive or anticompetitive behaviour contrary to the Competition and Consumer Act 2010 and the New Zealand Commerce Act 1986.
  • Uphold the principles of the consensus based process through participation, collaboration, transparency, balance and respect for each member.
  • Seek to resolve disputes between companies through the INC’s Compliance Dispute Resolution Process prior to taking legal or other external action.
  • Pay the annual membership fee and any special levies set by the Board and do so in a timely fashion.
  • In attending INC meetings, including INC board meetings, all participants agree that they will not enter into any discussions, activities or conduct that may infringe any applicable competition law. By way of example, participants will not discuss, communicate or exchange any commercially sensitive information, including information relating to prices, product strategy, costs and revenues, trading terms and conditions with third parties, including purchasing strategy, terms of supply, trade programs or distributions strategy.