High court junks DOH ban on infant milk ads

The Supreme Court on Tuesday ruled out an absolute ban by the Department of Health on advertising and promotion of breast milk substitutes.

The high court declared null and void a provision of the revised implementing rules and regulations of Executive Order 51 (the Milk Code of the Philippines) which prohibits the promotion of and advertising of infant milk.

The SC pointed out the Milk Code has no provision on an absolute ban on advertising but the revised IRR contains a provision to implement such ban.

The SC noted the provision can only be implemented if Congress amend the Milk Code.