THE Supreme Court has affirmed its decision in lifting the absolute ban on the promotion and advertisement of breast milk substitutes specified under the Department of Health’s Milk Code.

The SC agreed with the position of the Pharmaceutical and Health Care Association of the Philippines (PHAP), a broad-based organization of companies which produce or distribute pharmaceutical, medical and nutritional products, that the prohibitions under the RIRR are not found in the Milk Code.

The decision said the rules went beyond the scope of the DOH’s authority.

The rules banned the advertising, promotions or sponsorships of breast milk substitutes, extending the ban on products intended to be sold for infants and young children from 0-24 months or beyond.

The SC prohibited the DOH from implementing the disputed provisions unless the Milk Code is amended through legislation.

The decision was penned by Associate Justice Ma. Alicia Austria-Martinez.

Chief Justice Reynato Puno, in a separate concurring opinion, said "it ought to be self-evident that the ads of such products which are strictly informative cut too deep on free speech."

Petitioners were Abbott Laboratories, Wyeth Philippines, Mead Johnson, Astra-Zeneca Pharmaceuticals, Bayer Philippines, Novartis, GlaxoSmithKline, and Mercury Drug.

Respondents were Health Secretary Francisco Duque III, Health undersecretaries Dr. Ethelyn Nieto, Dr. Margarita Galon, Alexander Padilla and Dr. Jade del Mundo, and assistant secretaries Dr. Mario Villaverde, Dr. David Lozada, and Dr. Nemesio Gako. – Evangeline de Vera