The Philippine Supreme Court on Tuesday heard arguments in a case challenging new rules that extend the country's ban on advertisements for infant formula that include a prohibition on ads for children ages two and younger, the AP/Boston Globe reports. According to the AP/Globe, the new rules also call for labeling on formula to include warnings that it can be harmful if contaminated or inappropriately prepared.

Exclusive breast-feeding rates during the first four to five months of pregnancy decreased from 20% in 1998 to 16% in 2003 in the Philippines. Labels in the country currently include messages that breast milk is the best option for infants, but health officials want additional language stating that there is no substitute for breast milk and that formula should only be used under the guidance of a health worker. Companies that violate the regulations could face fines or lose their licenses, and individuals convicted of breaking the law could be fined or face up to one year in jail, the AP/Globe reports.

The Philippine Department of Health last year proposed to strengthen regulations for its national milk code, which currently bans companies from advertising products made for infants less than one year old, the AP/Globe reports. The Pharmaceutical and Healthcare Association of the Philippines filed the lawsuit against the health department that said only the Legislature has the authority to change the regulations. The Supreme Court on appeal subsequently ordered a temporary restraining order against the new rules.

Felicitas Aquino-Arroyo, the attorney representing the pharmaceutical association, on Tuesday said that the health department went beyond its authority. She added that Wyeth, Mead Johnson Nutritionals, Abbott Laboratories and GlaxoSmithKline could lose about $208 million if the new rules are imposed. Agnes Devanadera, an attorney representing the health department, said that exceptions would be made for some ads. "It is a matter of explaining to our people, for those who have forgotten, that there is no substitute for breast milk," Devanadera told the court, adding, "We are not prohibiting the sale of milk substitutes, but we are prohibiting the advertisements."

The U.S. Chamber of Commerce has sent a letter to Philippine President Gloria Macapagal Arroyo calling on her to re-examine the health department's plan or risk the country's "reputation as a stable and viable destination for investment" (Mason, AP/Globe, 6/20).

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