The ACCC has granted interim authorisation to the Infant Nutrition Council to enable the Marketing in Australia of Infant Formula: Manufacturers and Importers Agreement (MAIF Agreement) and its associated guidelines to continue to operate pending the ACCC's assessment of the substantive application for authorisation.
The MAIF Agreement is a voluntary, self-regulatory code of conduct which seeks to restrict manufacturers and importers of infant formula from advertising and promoting infant formula for infants up to 12 months of age. It requires authorisation by the ACCC because it involves an agreement which seeks to restrict marketing of products by businesses that would otherwise compete.
In April 2024 the Department of Health and Aged Care published an independent review of the MAIF Agreement (the MAIF Review). It concluded that the MAIF Agreement is no longer fit for purpose and recommended it be replaced by a stronger regulatory framework.
Due to the timing of the release of the MAIF Review, the ACCC provided an extension to its closing date for submissions from interested parties to enable them to consider and address the MAIF Review report in their submissions to the ACCC. The ACCC is now progressing its assessment but notes the existing authorisation is due to expire on 31 August 2024. As such, the ACCC has taken the procedural step of granting interim authorisation to maintain the status quo while it conducts its assessment.
The ACCC will conduct a further round of public consultation in the coming months once it releases its draft determination.
More information about the application, the ACCC's indicative timeline, and how to make a submission is available on the ACCC website.
