H&H Group

Policy Commitment

• Based on H&H’s BMS marketing policy, the company’s overarching commitments were found to closely align with the Code. The company was found to support exclusive breastfeeding in the first six months and continued breastfeeding for up to two years or beyond, as well as for the introduction of appropriate complementary foods from the age of six months. H&H was the only company to explicitly acknowledge the Code and subsequent WHA resolutions, including 71.9. Additionally, the company clearly stated that its BMS marketing commitments apply to all special formulas and formulas for special medical purposes.

• H&H did not receive a full score on the indicator that assesses the application of BMS marketing commitments to all joint ventures and subsidiaries where the company has a holding. The company showed it to apply these commitments only where it had a holding of greater than 50%.

• H&H is encouraged to widen the scope of the application of its policy by ensuring it applies to all joint ventures and subsidiaries where the company has a holding to better align with the requirements of the Code.

Policy Commitment

• H&H’s policy commitments relating to advertising and promotion of BMS are relatively well-aligned with the requirements of the Code. It is one of four companies that was found to explicitly commit to refraining from using advertising or any other forms of promotion of their BMS products to the general public, from directly or indirectly providing samples to caregivers, and from using any marketing strategy to induce sales of their BMS products at retail level, both in physical and online stores. These commitments are in line with Code article 5.1, 5.2 and 5.3 respectively.

• H&H was found to not have a full score for indicators in line with the Code article 5.5, and the guidance for ending inappropriate promotion of foods for infants and young children supported by WHA 69.9 guidance. The company did not show explicit commitments to refrain from establishing contact with caregivers through baby clubs and social media groups, and from educating caregivers on infant and young child feeding. For example, it was found that on the company's website caregivers may subscribe under the Biostime and Good Gout brands in Australia and France allowing for company communication with subscribed caregivers about promotions, wellness, and product launches.

• Although H&H was found to have explicitly stated in its BMS marketing policy that the company will not engage in any cross-promotion across the different stages of BMS and no cross-promotion is done in its BMS product labels, after assessment of H&H’s BMS labels across different stages, no clear difference or distinction was found. Therefore H&H did not show explicit commitments to avoid cross-promotions of different types of BMS products by ensuring different packaging designs and labels, in line with recommendation 5 of WHA 69.9.

• H&H is encouraged to widen the scope of the application of its policy by ensuring it applies to all forms of advertising and promotion such as refraining from establishing contact with caregivers and from cross promoting its different types of BMS products including formulas for special purposes (FSMPs).

• H&H is encouraged to consider the gaps identified to revise its policy to better align with the requirements of the Code.

Management System

• H&H’s management systems and procedures did not show to fully align with the requirements of the Code. H&H shared – under NDA - local staff training materials and procedure manuals developed by the company to guide its employees on the responsible marketing of BMS as outlined in the company’s related policy(ies).

• The company, however, does not score on management systems as the instructions and procedures were not found to cover the implementation of the company’s commitments consistently and comprehensively on public advertising and promotion of BMS.

• H&H is encouraged to develop clear and comprehensive management systems procedures, and other guidance for its employees to implement all commitments set out in its policy(ies) relating to responsible BMS marketing in all markets.

Policy Commitment

• H&H’s policy commitments relating to marketing BMS throughout the healthcare system are relatively well-aligned with the requirements of the Code. H&H was the only company among the 18 assessed to receive a full score on all the policy commitments relating to this topic. H&H showed explicit commitments to refrain from using healthcare facilities for promoting BMS products, displaying related materials, providing gifts or coupons, offering education on infant feeding, or deploying personnel within these settings. Additionally, the company showed explicit commitments to prohibiting demonstrations of formula feeding by its staff and avoid hosting events or campaigns in health facilities. These commitments are in accordance with the Code including the guidance on ending the inappropriate promotion of foods for infants and young children supported by WHA resolution 69.9.

Management System

• H&H shared – under NDA - local staff training materials and procedure manuals developed by the company to guide its employees on the responsible marketing of BMS as outlined in the company’s related policy(ies).

• The company, however, does not score on management systems as the instructions and procedures did not fully cover the commitments from this topic. Also, the material shared was not found to clearly apply to all employees, nor consistently and comprehensively cover the implementation of the company’s commitments on marketing BMS throughout the healthcare system.

• H&H is encouraged to update its management systems, procedures, and other guidance for all its employees to implement all commitments set out in its policy(ies) relating to responsible BMS marketing in all markets.

Policy Commitment

• H&H’s policy commitments relating to BMS donations were not found to be fully aligned with the Code.

The company shows Code compliant commitments by stating that it would not donate BMS products in humanitarian settings unless officially requested by a competent government authority of the country affected by the emergency or by the designated emergency response coordinating body acting on behalf of the government. The company also has explicit requirements in place in the case of an official authoritative BMS donation request, including ensuring that distribution is targeted and not delivered directly to caregivers, and that supplies are based on identified need and will continue for as long as the infants concerned need them. However, the company policy does not explicitly state that products should not display company brands, and that supplies should have a 6-month shelf life from the moment of delivery.

• The company also commits not to distribute BMS product donations or low-cost supplies for use outside of the social welfare institutions where infants and young children require them and prohibits using such donations as a sales inducement.

• Based on information shared by the company – under NDA -, it was found that the company provides BMS samples to caregivers in health care settings, which the company should not do according to the Code under any circumstances and for any reason, even if the products are not directly provided to consumers or patients.

• H&H did not commit to refrain from donating or distributing any materials or services to any part of the health care system, as per the Code, specifically addressed in recommendation 6 of the guidance supported by WHA resolution 69.9 to avoid potential conflict of interest.

• ATNI acknowledges H&H’s commitment to continue working on and updating its donations policy. Also, ATNI encourages the company to strengthen its provisions on BMS donations in line with the Code.

Management System

• H&H shared – under NDA - local staff training materials and procedure manuals developed by the company to guide its employees on the responsible marketing of BMS as outlined in the company’s related policy(ies).

• The company, however, does not score on management systems as the instructions and procedures did not fully cover the commitments from this topic. Also, the material shared was not found to clearly apply to all employees, nor consistently and comprehensively cover the implementation of the company’s commitments on BMS donations.

• H&H is encouraged to update its management systems, procedures, and other guidance for all its employees to implement all commitments set out in its policy(ies) relating to responsible BMS marketing in all markets.

Policy Commitment

• H&H’s policy commitments relating to marketing BMS to healthcare workers were not found to be fully aligned with the Code. Although some commitments were found to be fully addressed, the company did not explicitly show full alignment with the Code and all subsequent WHA resolutions.

• H&H showed explicit commitments to provide strictly scientific and factual information to health workers regarding company products. However, commitments found regarding information provided to health workers on formula use did not explicitly and fully cover the provisions of relevant Code articles and WHA resolutions (article 7.2, WHA 58.32, and WHA 61.20).

• H&H was the only company found to show explicit commitment not to offer any financial or material inducements to health workers or their family members. However, the company was not found to commit to not sponsoring any scientific meetings, fellowships, study tours, and research grants for health professionals, to avoid conflicts of interest in accordance with the Code, specifically recommendation 6 of the guidance supported by WHA resolution 69.9.

• No evidence was found or shared by the company to show instructions provided to healthcare workers on the appropriate preparation of powdered formulas that are based on WHO/FAO guidelines and Codex Standards as referenced by WHA resolutions 58.32 and 61.20.

• H&H is encouraged to consider the gaps identified to revise its policy to better align with the requirements of the Code.

Management System

• H&H shared – under NDA - local staff training materials and procedure manuals developed by the company to guide its employees on the responsible marketing of BMS as outlined in the company’s related policy(ies).

• The company, however, does not score on management systems as the instructions and procedures did not fully cover the commitments from this topic. Also, the material shared was not found to clearly apply to all employees, nor consistently and comprehensively cover the implementation of the company’s commitments on BMS donations.

• ATNI acknowledges H&H’s commitment to continue working on and updating its management systems to effectively implement its commitments relating to health workers.

• H&H is encouraged to update its management systems, procedures, and other guidance for all its employees to implement all commitments set out in its policy(ies) relating to responsible BMS marketing in all markets.

Policy Commitment

• H&H’s policy commitments that address the incentives of company employees involved in BMS marketing were not found to be aligned with the Code, specifically Article 8.

• Based on information shared by the company – under NDA - it was found that the company sets targets linked to the sales of its BMS products contrary to the provisions of the Code; therefore, the company did not score on this topic. The company, however, was found to reward compliance with the requirements of the company’s BMS marketing policy, which is encouraged.

• H&H is encouraged to consider the gaps identified to revise its policy to better align with the requirements of the Code.

Management System

• H&H shared – under NDA - local staff training materials and procedure manuals developed by the company to guide its employees on the responsible marketing of BMS as outlined in the company’s related policy(ies). The company, however, does not score on management systems as it does not meet the relevant Code provisions.

• H&H should bolster its management systems to deliver consistent compliance with its stated commitments, once brought into full alignment with the Code.

Policy Commitment

• H&H was one of the five companies among the 18 assessed that showed the most policy commitments in line with the Code on the labeling of BMS products.

• H&H was found to explicitly commit to ensuring that its BMS product containers had clear labels in the appropriate local language(s) with the appropriate breastfeeding messages, and warnings against health hazards of improper powdered formula preparation. H&H was also found to commit to not displaying pictures or text which may idealize the use of formula and to only include health or nutrition claims if required by national regulations. In addition, H&H was one of two companies among the 18 assessed to explicitly state that the labels of its powdered formula products will include all the required information in accordance with WHA 58.32 and 61.20.

• Although the company was found to have explicit commitments pertaining to the requirements described in Article 9 of the Code, it did not fully score on some, particularly where no explicit commitments were found on ensuring the appropriate age range is stated on the labels of the different product types. Commitments were also not found for H&H that cover the Code labeling requirements strengthened by the guidance on ending the inappropriate promotion of foods for infants and young children that is supported by WHA resolution 69.9.

• H&H is encouraged to consider the gaps identified to revise its labelling policy to better align with the requirements of the Code.

Management System

• H&H shared – under NDA - local staff training materials and procedure manuals developed by the company to guide its employees on the responsible marketing of BMS as outlined in the company’s related policy(ies).

• The company, however, does not score on management systems as the instructions and procedures did not fully cover the commitments from this topic. Also, the material shared was not found to clearly apply to all employees, nor consistently and comprehensively cover the implementation of the company’s commitments on BMS donations.

• ATNI acknowledges H&H’s commitment to continue working on and updating its management systems to effectively implement its commitments relating to responsible BMS labeling.
• H&H is encouraged to update its management systems, procedures, and other guidance for all its employees to implement all commitments set out in its policy(ies) relating to responsible BMS marketing in all markets.

Policy Commitment

• Based on H&H’s BMS marketing policy, the company’s product quality commitments were found to fully aligned with the Code, specifically Article 10.

• H&H showed a full score on this topic since the company specified all the Codex standards relating to BMS products that apply at a minimum to ensure quality and hygiene within its products in all markets.

• H&H is encouraged to ensure that the listed standards are regularly revised so that the most updated versions are adhered to.

Management System

• H&H shared – under NDA - local procedure manuals developed by the company to implement commitments on product quality as outlined in the company’s related policies. The company was one of four companies among the 18 assessed found to have clear procedures for implementing the applicable Codex standards that the company has explicitly listed.

Policy Commitment

• Based on H&H’s BMS marketing policy, the company was found to have commitments in line with Article 11 of the Code and commits to apprising marketing personnel of its BMS marketing policy(ies) and their responsibilities relating to it.

Management System

• H&H shared evidence under NDA showing that the company guides its employees and contractual third parties on the responsible marketing of BMS as outlined in its related policy(ies), as well as effective monitoring and management of incidences of non-compliance with the company policy(ies). However, no clear guidelines were found in the public domain or shared by the company explaining employees’ and third parties’ responsibilities in taking corrective action in response to incidents of non-compliance.

• The company also clearly assigns executive responsibilities and oversight to ensure the effective implementation of its BMS marketing policy, however, the annual reporting to the Board on the company’s compliance and the effectiveness of its management systems was not found to be comprehensive.

• ATNI acknowledges the company’s commitment to continue working on and updating its management systems to effectively implement its BMS marketing policy and monitor and manage any incidences of non-compliance.

Policy Commitment

• During the time of the assessment and as confirmed by the company, H&H did not have commitments relating to lobbying and policy influence on BMS marketing and the Code. Therefore, the company did not fully score on this topic.

• H&H was the only company found to commit to supporting and not undermining existing public policy frameworks, the work of WHO or similar agencies, and Government efforts to develop regulations to implement the Code in full as it was also the only company to explicitly acknowledge the Code and subsequent WHA resolutions, including 71.9.

• The company was also found to have some broad commitments on prohibiting conflicts of interest and disclosing if any are identified.

• To score in this area, H&H is encouraged to develop a policy setting out under what circumstances and how it will lobby and engage with governments and policymakers on issues relating to the Code and BMS marketing. The company should also review the positions of all trade associations and industry policy groups it belongs to and assess the extent to which they align with the company’s own policy positions.

Management System

• H&H does not score on management systems since the company has no commitments in relation to lobbying commitments on BMS marketing and the Code.

• To score in this area, H&H would need to clearly assign executive responsibilities and oversight to ensure the effective implementation of its policy on engaging with stakeholders on BMS marketing and the Code, as well as develop clear systems and control mechanisms such as reporting and internal audits.

Disclosure

• In regard to commitments that were found for H&H that are in line with the Code, the level of disclosure on these commitments is relatively high. H&H showed disclosure commitments by publishing the nature of its support for breastfeeding, acknowledging the importance of the Code, the scope of application of its policies regarding joint ventures and subsidiaries and a statement about the appropriate introduction of complementary foods and beverages for infants being from six months of age. The company also showed commitment by publishing a list of trade associations and industry groups it is a member of, relating to BMS.

• However, H&H can improve on this topic by disclosing information about its internal assessments of compliance with the commitments in its BMS marketing policy, as well as disclosing each complaint or criticism made by stakeholders on the company’s BMS marketing.

• Additionally, the company was not found to disclose its lobbying-related activities. Like most companies assessed in this iteration, no information was found either on H&H’s website of its interactions, or that of its trade associations, in legislative processes related to the Code and BMS marketing, nor of links to relevant external platforms that may include this information. The company also does not explicitly state which public policy frameworks and relevant laws, standards, and codes are respected when engaging with stakeholders, except for the Code. ATNI advises the company to also follow other key public policy frameworks in private sector engagement and lobbying such as the WHO framework of engagement with non-state actors and OECD principles for transparency and integrity in lobbying, among others.

• H&H is encouraged to consider the gaps identified in its level of disclosure and have this information available and easily accessible in the public domain.