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Nancy Wight MD, FAAP, IBCLC
The preamble of this bill includes a statement on the failure of the United States to abide by the WHO Code of Marketing of Breastmilk Substitutes that it signed in 1994. The aggressive marketing by formula companies designed to promote the premature weaning of infants is clearly outlined.
This bill in it's original form would have done two things: 1) prohibited manufacturers of infant formula from sending, or a hospital or healthcare provider from distributing, unsolicited samples of infant formula to a mother without obtaining her written consent on a form that contained information about the drawbacks of feeding infant formula and the benefits of breastfeeding; 2) the bill also would prohibit a hospital or healthcare professional from providing information about a mother to a manufacturer of infant formula without obtaining her written consent. A civil penalty of $500 was assigned for violation of the article.
Although well written, proactive, and a dream come true for every breastfeeding supporter in California, the bill has run up against several challenges. First, the requirement for
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written informed consent has been deemed both by hospitals and physicians as a burdensome, impossible task. Even if an appropriate consent form was designed by the Department of Health Services, one can envision formula company representatives being only too happy to go room-to-room to obtain informed consent every day for every mother. In addition, the American Academy of Pediatrics had concerns about including physicians' offices in the give-away ban, feeling they would be harming their low-income patients if they could not provide immediate access to needed supplementary formulas.
The originators of this bill, Assembly member Jackie Goldberg and the Breastfeeding Task Force of Los Angeles are to be commended for their ambitious undertaking. Unfortunately, the bill was defeated in the Health Committee April 21, 2002 by a vote of 8-2 and so is dead for this legislative session. Several legislators didn't seem to grasp the healthcare and ethical implications of formula gift bags, choosing instead to concentrate on the cost (to hospitals). I find it ironic that legislators who accept donations (freebies) from contributors with agendas don't acknowledge the same influences in the healthcare industry.
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