On the need for the Republic of Poland to exercise the option right with regard to the advertising of infant formula and food for special medical purposes developed to satisfy the nutritional requirements of infants

Abstract

The article argues for the need for the Republic of Poland to exercise the option right with respect to the advertising of infant formula and food for special medical purposes developed to satisfy the nutritional requirements of infants. The use of the option right to its full extent (i.e. the introduction of a ban and not only a further restriction of advertising the products covered by it) is supported in particular by considerations of public health and environmental protection, the right of women to accurate, unbiased information needed to make an informed choice regarding the feeding of the child, the right of mother and child to breastfeed and Poland’s international obligations, as well as an analysis of the provisions on advertising products covered by the option right in terms of their sufficiency and effectiveness.