Roderic O'Gorman (Dublin West, Green Party)
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1627. To ask the Minister for Health if her Department has examined the area of regulation of commercial milk formula advertising and marketing; and if she will make a statement on the matter. [30616/25]

Jennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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I am informed that the regulation of marketing of infant and follow-on formula is harmonised at European Union level under Commission Delegated Regulation (EU) 2016/127 supplementing Regulation (EU) No 609/2013 as regards the specific compositional and information requirements for infant formula and follow-on formula and as regards requirements on information relating to infant and young child feeding.

Article 6, of this Regulation, Specific requirements on food information, sets out the requirements for the labelling, presentation and advertising of infant formula and follow-on formula.

Article 10, Requirements for promotional and commercial practices for infant formula, provides that advertising of infant formula shall be restricted to publications specialising in baby care and scientific publications.

In addition, Article 10 provides that

“There shall be no point-of-sale advertising, giving of samples or any other promotional device to induce sales of infant formula directly to the consumer at the retail level, such as special displays, discount coupons, premiums, special sales, loss-leaders and tie-in sales.”

Roderic O'Gorman (Dublin West, Green Party)
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1628. To ask the Minister for Health if her Department has engaged with Coimisiún na Meán regarding the regulation of commercial milk formula advertising and marketing; and if she will make a statement on the matter. [30617/25]

Jennifer Murnane O'Connor (Carlow-Kilkenny, Fianna Fail)
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The OSMR Act 2022 amended the Broadcasting Act 2009 to establish Coimisiún na Meán and dissolve the Broadcasting Authority of Ireland (“BAI”). Section 46N (7) under the Media Service Codes section of the OSMR Act 2022 allows for “Provision made for the purpose referred to in subsection (2)(d)(ii) may prohibit or restrict, in accordance with law, the inclusion in programmes of commercial communications relating to foods or beverages considered by the Commission to be the subject of public concern in respect of the general public health interests of children, in particular infant formula, follow-on formula or those foods or beverages which contain fat, trans-fatty acids, salts or sugars.”

Similarly, section 139K (5) under the Online Safety Codes section of the Act provides for the making of online safety codes that “may prohibit or restrict, in accordance with law, the inclusion in programmes or user-generated content of commercial communications relating to foods or beverages considered by the Commission to be the subject of public concern in respect of the general public health interests of children, in particular infant formula, follow-on formula or foods or beverages which contain fat, trans-fatty acids, salts or sugars.”

The Act further provides that An Coimisiún may consult with public health authorities in relation to proposed restrictions or prohibitions.

To this end, the Department has been in regular communication with Coimisiún na Meán regarding their remit under the OSMR in relation to commercial communications as set out under sections 46N(7) and 139K(5).

The Department has submitted responses to consultations held by An Coimisiún expressing the need for greater regulation of the advertising of commercial milk formula to be included in the codes. The Department also engages with the Coimisiun with regard to commercial communications for high fat salt and sugar products both bilaterally and through the National Intersectoral Working Group on reduction of marketing of unhealthly foods to children which was established under the Obesity Policy and Action Plan. The Department will continue to engage with An Coimisiún with regard to progressing work on strengthening existing codes and developing online safety codes to address the marketing of commercial milk formula.