Nestle, Infant Formula, and Excuses: The Regulation of Commercial Advertising in Developing Nations
![handle is hein.journals/nwjilb14 and id is 610 raw text is: Nestle, Infant Formula, and Excuses: The
Regulation of Commercial Advertising
in Developing Nations
Caryn L. Finkle
Advertising has been recognized as one of the most persuasive
forms of communication.' Can it also endanger the cultural autonomy
of a nation? This comment addresses the potential role of advertising
in developing countries and its regulation by the international commu-
nity. The central question of this analysis is whether or not the adver-
tising of the most developed nations, particularly the advertising
produced by the so called western media,2 is a threat to the cultural
survival of developing countries.' The answer to this question as re-
flected in the World Health Organization's (WHO) Code of Market-
ing of Breastmilk Substitutes4 is yes. The Code recommends a
complete ban on advertising and marketing of any breastmilk substi-
tutes in developing countries.5 The apparent rationale behind this rec-
ommendation is the protection of the developing countries cultural
autonomy.6 Unfortunately, a restrictive and paternalistic approach to
advertising in these nations is detrimental to their economic develop-
ment. Moreover, two very important factors are ignored: the wants
1 See Mochtar Lubis, Interaction Between Culture and Communication, 76 Irr'L CoMM'N
FOR THE STUDY OF COMM. PRoBs. 1 (n.d.)(modern communications [are] a powerful instru-
ment to influence the attitudes, habits, taste, perceptions of many people around the world...
they penetrate into the deepest layers of the societal fabric and culture.).
2 The term western refers to the United States, Canada, and countries in Western Europe.
This term does not refer to all countries in the western hemisphere.
3 The term developing countries refers to countries other than the United States, Canada,
the former Soviet Union, and Europe.
4 See International Code of Marketing of Breastmilk Substitutes, World Health Assembly,
24th Assembly, WHA Res. 22, U.N. Doc. A34/Vr/15 (1981), reprinted in 20 INr'L LEGAL
MATERIALS 1004 (1981) [hereinafter Code or WHO Code].
5 ld. arts. 5.3, 5A, 5.5, 6.2, 6.6, 6.7, 7.2, and 8.
6 See Post & Baer, The Int'l Code of Marketing of Breastmilk Substitutes: Consensus, Com-
promise, & Conflict in the Infant Formula Controversy, 25 IrLr'L COMM'N OF JURISTS, THE RE-
VIEW (1990).](ViewImageLocal?handle=hein.journals/nwjilb14&div=32&collection=&method=preview&ext=.png&size=3)
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Nestle, Infant Formula, and Excuses: The Regulation of Commercial Advertising in Developing Nations
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