Marketing infant formula in Australia

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.

With no current framework in place to restrict infant formula marketing in Australia, the Government strongly encourages infant formula manufacturers and importers from continuing to refrain from engaging in marketing practices. Companies are encouraged to use the World Health Organization’s International Code of Marketing of Breastmilk Substitutes (WHO Code) as best-practice guidance to inform their operations while the Government develops and implements mandatory controls in Australia.  

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.

Current work

Developing legislation to restrict infant formula marketing  

Scope

The Department of Health, Disability and Ageing (department) is in the early stages of developing legislation to restrict infant formula marketing.

The legislation is expected to cover – at a minimum - the entire scope of the previous MAIF Agreement. This includes restricting manufacturers and importers of infant formula from:

• engaging in all forms of marketing of infant formula, including on digital platforms such as social media;
• providing free samples and gifts that may promote the use of infant formula;
• using health care facilities for the purpose of promoting infant formula;
• offering health care professionals gifts, and financial or material incentives to promote infant formula; and
• utilising staff employed in marketing to provide education to pregnant women or parents of infants and young children.

Consultation

The department has sought initial views from key food industry, public health, and breastfeeding advocacy stakeholders. Communication with these stakeholders will be ongoing as the work develops.

It is important to the department that all people and organisations impacted by the proposed legislation are consulted. This includes the views of consumers such as parents and caregivers, families who breastfeed, families who use infant formula, healthcare professionals, and members of the public. Comprehensive consultation will be conducted as the work progresses.

Resources

We will give all relevant stakeholders information and resources to support implementation of the new law. This information will explain how the legislation affects different people and organisations, what types of advertising is allowed and not allowed, what companies need to do, what happens if someone doesn’t follow the rules, and where to find evidence-based information on infant feeding and breastfeeding.

Infant Formula Stakeholder Forums – Legislation development

In June 2025, the department held forums with key stakeholders to obtain their views on the development of legislation to introduce mandatory controls on infant formula marketing. The department provided information on the legislation development process and timeframes. See a copy of the Department's presentation at the forums.

Forum 1 was held with public health stakeholders, breastfeeding advocacy groups, and independent subject matter experts. Read the summary of what was heard at Forum 1.

Forum 2 was held with industry stakeholders. Read the summary of what was heard at Forum 2.

Public consultation will be conducted as the legislation development process progresses.

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.

Development of an Artificial Intelligence monitoring tool

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 former 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 WHO Code.

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.

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. The final Annual Report can be found on the Annual reports of the MAIF Complaints Committee page.

Due to the cessation of the MAIF Complaints Committee, we are unable to formally process complaints. We appreciate being made aware of instances of infant formula marketing while we work to develop mandatory controls. You can do this by emailing to infantformula.policy@health.gov.au.