Moving to mandatory controls for marketing of infant formula
On 6 February 2025, the Australian Competition and Consumer Commission (ACCC) announced its final decision to not reauthorise the Marketing in Australia of Infant Formulas: Manufacturers and Importers (MAIF) Agreement on their Public Register. The MAIF Agreement expired on 28 February 2025.
The Australian Government acknowledges the ACCC’s decision to not reauthorise the MAIF Agreement.
The Government remains committed to supporting the provision of safe and adequate nutrition for infants, by protecting and promoting breastfeeding and by ensuring the proper use of breast milk substitutes through appropriate marketing and distribution.
In October 2024, the Government announced its intention to replace the MAIF Agreement with stronger mandatory controls to protect the health of mothers and babies.
Work will now focus on the delivery of mandated controls on the marketing of infant formula in Australia. This is anticipated to take approximately 2 years. Consultation with experts, public health and industry, and other stakeholders will commence shortly.
Current work
Reviewing the impact of retailer marketing of infant formula
We have contracted Nous Group to review the impact of retailer marketing of infant formula. The review will identify the scale and impact of marketing of infant formula by retailers including supermarkets, pharmacies and other retail outlets and assess the marketing practices utilised by retailers. The review will also explore options for controls on infant formula marketing by retailers.
We have contracted Deakin University to develop an Artificial Intelligence (AI) tool to monitor digital marketing of infant formula. It is anticipated the AI tool will help to inform the development of future mandatory controls on infant formula marketing and assist with compliance monitoring once mandatory controls are implemented.
About the MAIF Agreement
The MAIF Agreement outlined obligations for companies making and selling infant formula to ensure:
- the proper use of formula
- parents make informed decisions.
Including providing clear information about the:
- benefits and superiority of breastfeeding
- risks of switching to formula
- health risks of the incorrect use of infant formula.
Participating companies were required to not:
- advertise or promote infant formula
- imply that formula is better than breastfeeding
- advertise formula to parents through the healthcare system
- hand out free formula to parents
- give financial incentives to sales staff or health workers for selling or promoting formula.
The agreement was Australia’s response to the World Health Organization’s International Code of Marketing of Breast-milk Substitutes.
Aim of the MAIF Agreement
The MAIF Agreement aimed to:
- ensure safe and adequate nutrition for babies
- encourage breastfeeding as the first option for babies
- protect parents from advertising that could affect their judgement
- ensure the proper use of breast milk substitutes.
Review of the MAIF Agreement
We engaged Allen + Clarke Consulting in 2021 to do an independent review of the MAIF Agreement.
The final report and consultation report are published below.
Review of the Marketing in Australia of Infant Formulas: Manufacturers and Importers (MAIF) Agreement Final Report
The report contains recommendations to strengthen the MAIF agreement, and improve its effectiveness.
Review of the Marketing in Australia of Infant Formulas: Manufacturers and Importers (MAIF) Agreement Consultation Report
MAIF Complaints Committee
The role of the MAIF Complaints Committee was to assess complaints regarding companies that may have breached the MAIF Agreement. The MAIF Complaints Committee held their final meeting on the 27 February 2025 and has now ceased.