Industry confuses families with similar formulas and compounds, says institute

Nestlé, Danone and Mead Johnson Brasil are accused of purposefully producing infant formulas and dairy compounds with very similar names and packaging to confuse fathers and mothers when buying baby products. The problem: dairy compounds are ultra-processed and not recommended for children under two.

Idec (Brazilian Institute for Consumer Protection), which claims that companies use these similarities as a strategy to deceive families, has filed a public civil action against the companies and asks for collective damages of R$ 60 million. The lawsuit was recently filed at the São Paulo Court of Justice.

wanted by Sheet, the companies claim that they have not yet been notified and that they respect ethical and quality standards. They also say they follow Brazilian legislation.

Nan or Neslac? Aptamil or Milnutri? Enfamil or Enfagrow? These are the names of infant formulas and dairy compounds from the companies mentioned. What do they all have in common? Packaging design, colors, names and even typographies that resemble each other.

The Idec action gathers testimonies from people who were confused because of the similarity of the characteristics of the products.

“These products are very confusing among themselves and, in our view, their manufacturers, Nestlé, Danone and Mead Johnson Brasil, in Brazil and abroad, intentionally manufacture to confuse people”, says Igor Britto, director of institutional relations at Idec, who says that companies have been criticized for this for a long time.

And here are important points. Feeding babies is an extremely sensitive time in the lives of families. According to the WHO (World Health Organization), for a child to reach its best potential for growth, development and health, breast milk should be given from one hour after birth. Up to six months, feeding should be exclusively with breast milk and, after that, in addition to breastfeeding the mother, babies should receive safe and adequate food.

In some exceptional cases, mothers cannot breastfeed or are having trouble breastfeeding. This is where the figure of infant formulas (usually made from the modification of cow’s milk) comes in, which, in these situations, serve as a substitute (albeit inferior)/complement of breast milk. That is, the use of formulas, in itself, is/should be restricted, but sometimes it is necessary.

According to Laís Amaral, a public health specialist at Idec’s healthy eating program, formulas have their own legislation and nutritional compositions that need to follow certain standards.

Dairy compounds occupy another category. They are, according to the Ministry of Health, ultra-processed products. Interestingly, the Ministry’s own “Food Guide for Brazilian Children Under 2 Years”, warns of the usual similarity between formulas and compounds.

“Dairy compounds have packaging and labels very similar to infant formula or cow’s milk, so read the label carefully,” reads the 2021 document.

Amaral points out that this type of compound is regulated by the Ministry of Agriculture and that it must have at least 51% of dairy elements. The rest varies from company to company, but, in several cases, it is possible to identify sugars —the offer is not recommended for children under two years old — and food additives that enhance flavor, for example.

Even though they are ultra-processed, these dairy compounds are placed as foods for the continuity of children’s diet. In case you don’t keep up with the subject, consumption of the “ultra-processed” category throughout life has been increasingly associated with health problems, such as heart attacks, stroke, cancers and obesity.

According to Idec, the similarity and the alleged confusion created between the products is intended to encourage consumers to move from one product to another, which is called cross-promotion.

One of the points to note is that advertising of infant formula is prohibited — despite this, a recent WHO study points out that mothers are frequent targets of marketing on social media in the infant formula industry. In this way, with advertisements referring to dairy compounds, companies would eventually be able to advertise their formulas.

“The technique of cross-promotion is something extremely natural. The problem with this specific cross-promotion is when it really misleads the consumer and, even more serious, when we are talking about feeding babies”, says Britto.

In addition, says the representative of Idec, the idea of ​​a continuity of use in the products is created.

“With names and brands so close, it induces people to believe that a product is the continuation of the other”, says Britto.

Lawyer Cintia Morgado was one of the mothers who says she felt cheated by the companies. She had her son in 2013 and, after a few months of breastfeeding, as the child was unable to gain weight, she began, under medical supervision, to use infant formula. Then, she started to give the milky compound Milnutri, from Danone.

“It looks a lot like the formula. The design is all the same and they are next to each other on the shelf”, says Cintia. “Then the introduction of other things begins, those milky flours come. You feel captured because you are ‘ensuring that your child will be well fed’.”

An aggravating factor, according to the lawyer, is that she was still studying and was involved with the subject. “Even those who are concerned with food are deceived”, she says.

Idec’s action asks companies to change the packaging to improve the differentiation between products and to highlight the differences. In the meantime, asks that the packages present an adhesive insert alerting consumers to the differences.

WHAT COMPANIES SAY

All companies claim that they have not yet been notified of the action.

Nestlé claims to work with public health organizations and sector entities in the search for initiatives and solutions that aim to improve the nutritional profile of its products.

“Nestlé reinforces being an ethical company, which meets all the requirements of the legislation in force, including those referring to the composition and labeling of foods, as well as their respective advertising”, says the company, in a note.

In addition, Nestlé says that it has products that consider different groups of consumers, of different age profiles “with specific nutritional needs, which includes its line of dairy compounds”.

Danone says it does not comment on ongoing lawsuits. “The company reinforces that it has high standards of ethics and transparency in all its practices, that it acts with integrity with all its stakeholders and that it does not condone actions that do not comply with the legislation of the countries in which it is present. “, he says in a note.

Danone also says it advocates recommending exclusive breastfeeding for the first 6 months of a child’s life and continuing it until at least 2 years. “Therefore, Danone does not encourage, in any way, the replacement of breast milk without express indication of a specialized professional”.

Mead Johnson, in a statement, says it reinforces “its commitment to health and nutrition and its commitment to Brazilian legislation”.