ADVOKS GLOBAL · KENYA
Breast Milk Substitutes (Regulation and Control) Act
6. Prohibition on advertisement and promotion
Edition: 2022-12-31 · In force
6. Prohibition on advertisement and promotion
(1)A person shall not advertise or promote to the general public or cause to be advertised or promoted a designated or complementary food product.(2)For the purposes of this section, a person promotes a designated or complementary food product, where that person—(a)a directly or indirectly introduces a designated or complementary food product or encourages the buying or use of the product;(b)uses sale devices such as special discounts, special displays to promote sales, competitions with prizes, tie-in sales, provision of premiums and rebates, discount coupons, loss leaders, giving of gifts and free samples of a designated or complementary food product to mothers;(c)as a marketer, makes a direct or indirect contact with members of the public in furtherance of, or for the purpose of promoting business of a designated or complementary food product;(d)makes electronic communications of a designated or complementary food product including internet, website and electronic mail;(e)distributes promotional items including clothing, stationery, household utensils or items that refer to a designated or complementary food product or the brand name of the product;(f)engages in any practices or communication in any form which create, or may create, any association with a designated or complementary food product;(g)publishes or causes to be published an advertisement of a designated or complementary food product;(h)distributes any information or educational material relating to infant and child feeding;(i)distributes or causes to be distributed, or donates or causes to be donated, or sells or causes to be sold a designated or complementary food product to charitable childrens’ institutions or a health facility;(j)engages persons whose duties involve marketing of a designated or complementary food product—(i)on remuneration which varies according to the volume of sale of designated or complementary food product; or(ii)for bonuses or similar incentives calculated directly according to the volume of sales of the designated or complementary food product;(k)displays to the public, material which refers directly or indirectly to a designated or complementary food product;(l)distributes materials to health workers which directly or indirectly refer to a designated or complementary food product;(m)offers a gift or a benefit or inducement including a fellowship, study grant, funding for attendance of meetings, seminars, continuing education or conferences to a health worker or a member of his family;(n)directly or indirectly provides any support, financial or otherwise to the general public or a health worker for the purposes of promoting a designated or complementary food product;(o)funds any research carried out by a health worker in infant and young child health;(p)employs a person to provide to health workers in health care facilities, pregnant women or mothers of infants and young children or any other person, with education or instructions regarding infant and young child health; or(q)sponsors, an event, contest, telephone counselling line or campaign aimed at pregnant women, mothers of infants or their families.(3)For the purposes of this section, advertisement or promotion shall not include—(a)the ethical interaction between the manufacturer or distributor and health workers for purposes of creating awareness about the scientific and factual matters of the breast milk substitute or complimentary food product;(b)the provision by the manufacturer or distributor to health workers of samples of the breast milk substitute or complementary product for purposes of professional evaluation or research of the product;(c)the distribution in the package of information or educational material relating to the breast milk substitute or complementary food product pursuant to Article 46(1)(b) of the Constitution.(4)The Cabinet Secretary shall, by regulations, prescribe the manner in which the activities specified in clause (3) shall be conducted.