Infant Formula Regulations

Motion made, and Question proposed, That this House do now adjourn.—(Martin McCluskey.)

17:26:00

I am grateful to have secured my first Adjournment debate on an issue that affects so many families in my constituency and across the country: the cost of infant formula and the regulations that govern its sale. The infant formula market is rightly highly regulated, and should remain so. Regulations have a key role in supporting public health goals and breastfeeding. However, not all parents can or want to breastfeed, and recent stats show that 95% of babies in the UK have had some formula by the age of nine months. As the father of a nine-month-old baby, I know how emotionally charged and difficult it is to navigate infant feeding. The infancy period is crucial for a child’s development. In their first year, they will triple their birth weight, and the foundations of their health are determined for the rest of their life. It is vital that parents have access to safe and affordable food during infancy. The fact that, for too many families, that is not the reality is a public health crisis. Recent data from YouGov shows that one in four mothers are struggling to afford formula milk. Over the past two years, the price of the cheapest brand of formula has risen by 45%, with an average price hike across all brands of 25%. Those increases are putting immense pressure on families.

I thank the hon. Member for bringing forward this important debate and allowing me to intervene briefly. A recent Competition and Markets Authority report highlighted the insufficient marketing regulations in the formula industry, which enable brands to exploit vulnerable parents by presenting their products as distinct or superior, despite all formulas being required to meet the same nutritional standards, whether the box costs £7 or £14. Does he agree that an NHS-branded formula in plain packaging could be considered? It could be sold at cost price. That would give those families who choose not to, or who cannot, breastfeed confidence that their decision is best for their child, regardless of the cost.

I completely agree, and I will come to that later in my speech. I look forward to working with the hon. Lady and other members of the all-party parliamentary group on infant feeding when it is established in the coming weeks. In my constituency alone, where child poverty has increased by 30% in the past year, 12,500 children are going without enough food each day. Formula is an essential product for many, but the average tub now costs a staggering £14.50, so many parents are resorting to extreme and unsafe measures to feed their babies. A black market has sprung up for infant milk, and it is one of the most commonly shoplifted items. Rather than working to reduce its cost, some supermarkets have resorted to locking formula in cages or attaching security tags to it. Certain stores have even gone as far as to prevent customers from entering unless admitted by staff—that is happening in convenience stores across my constituency. We are seeing something that should be unthinkable in modern Britain: formula foraging. I regularly read heartbreaking posts on local forums from parents begging for baby milk to tide them over until the next payday—they are in utter despair—but by seeking out cheap or free milk online, they risk feeding their babies a product that could be out of date or already opened and potentially laden with bacteria. Studies have shown that the inability to afford formula can lead to unsafe feeding practices such as skipping feeds, ignoring expiry dates, and over-diluting powdered formula or bulking it out using unapproved alternative foods such as porridge, all of which can harm an infant’s health. New NHS England figures show a worrying rise in childhood malnutrition. Up to 47% of hospitalised children are at risk of undernourishment. Last year, admissions for malnutrition at Blackpool teaching hospitals had almost doubled on the previous year. Gastroenteritis has become an alarmingly common illness in infants, with many now suffering more than one episode a year. In Blackpool, hospital admissions for under-ones with gastrointestinal problems are almost triple the national average. Dehydration—a common complication of gastroenteritis—is a particularly serious risk, and it is exacerbated by parents’ inability to access or properly prepare formula. Parents should not be forced into those dangerous choices when they are simply trying to feed their babies. This scandal demands the urgent attention of the House.

I thank my hon. Friend for raising this horrendous issue. A related issue is the broader regulation of baby foods. Many baby foods contain more sugar per 100g than Haribo sweeties, and there is no compulsory regulation of their content. Large numbers of children eat those baby foods but are still malnourished and do not get a balanced diet. Does he agree that we should consider wider regulation of, and mandatory standards for, the content of baby food, while still being mindful of the need for baby foods to be affordable so that everyone can access proper nutrition for their children? Children in the UK are becoming shorter on average than their international peers, and that is a disgrace.

I agree. We know from recent studies by the Jamie Oliver Food Foundation and others that this is a serious issue that must be considered urgently. Last week, the Competition and Markets Authority published its long-awaited interim report on infant formula. The report outlines its concerns about the market, all of which appear to be contributing to parents paying over the odds. The regulations on the advertising and labelling of infant formula are rightly designed to protect parents and encourage breastfeeding. UK law is informed by, but not identical to, the World Health Organisation’s international code of marketing of breast milk substitutes. Our regulations cover only infant formula intended for babies under six months old. That loophole in UK regulation permits hidden marketing through carelines and the widespread legal advertising of follow-on milk—an unnecessary product that does little more than promote higher sales of a brand’s infant formula. I urge the Government to consider strengthening UK regulations to close the loophole on the marketing of breast milk substitutes, in line with the WHO code. However, strong regulation should not hinder affordable access to infant milk. Parents are worse off because the current regulations mean that food bank vouchers, loyalty points and store gift cards cannot be used to buy infant milk, and food banks are prohibited from stocking it. As a volunteer for Blackpool food bank for over seven years, I have witnessed at first hand how urgently it is needed. For too long, the third sector and charitable individuals have been desperately scrambling to fill the gap that the previous Government left wide open and allowed families to fall into. When it comes to infant formula, even that safety net has been removed. I recently met Richard Walker, the chairman of Iceland Foods, who shares my commitment to ensuring there is a fair price for formula for parents. Along with over 100,000 signatories to the Metro and Feed UK’s “Formula for Change” campaign, I support the call to allow parents to use food bank vouchers to buy infant milk.

In the last Parliament, I was a member of the APPG on infant feeding and inequalities alongside Alison Thewliss, a former Scots Nats Member. I am very pleased that this issue is being debated, and I congratulate the hon. Member for Blackpool South (Chris Webb) on securing the debate. Does he agree that, while we can all acknowledge the well-documented benefits of breastfeeding, it simply does not work for some mothers, and sometimes the baby does not put on weight? While breast is undoubtedly best, we need to ensure that formula is available and is highly regulated, but not highly costly, in order to provide the best possible alternative. That means not pretending that formula does not exist, but doing all we can to ensure it is the best that we can offer when breastfeeding fails.

I completely agree with the hon. Member. I have seen that with my own son, who would not take to breastfeeding, so we had to resort to infant formula. We need to make sure that all parents have the best product available for their children to ensure they have the healthiest start to their lives. I ask the Government to examine the fact that food bank vouchers cannot be used to buy infant milk, to ensure the regulations do not punish the very people they are designed to protect. The CMA report recommends potentially relaxing regulations to permit promotions and price reductions and incentivise competition. However, although discounts would benefit parents in the short term, there needs to be a sustainable solution to permanently lower the price of formula. The infant milk market in the UK is highly concentrated, with just three manufacturers accounting for over 90% of supply. Formula manufacturers have blamed rising costs, but profit margins have inflated beyond them. Those firms pass responsibility to the retailers, who they say ultimately set prices. This is not just passing the buck, but taking it from the pockets of struggling parents to line those of monopolistic multinational conglomerates whose combined annual profits are £15 billion. Retailers do have their part to play, though. They must do their bit to protect families by capping their prices in line with the CMA report’s recommendations. In the coming weeks, I will meet with three major supermarkets to encourage them to cap prices and follow the lead of Aldi and Lidl in developing a reasonably priced own-brand infant formula. The cost to parents of buying the most expensive brand can add up to £1,000 a year—more than twice as much as using an own-brand infant formula. That is despite the fact that strict regulations ensure that these products are nutritionally equivalent. Parents naturally want to do the best for their baby, and decisions about feeding are inevitably made at a time when mothers and fathers are at their most vulnerable. The CMA report points out that this can lead to them actively choosing a more expensive product, assuming incorrectly that a higher price means better quality. That assumption is not based on price tag alone, but on decades of brand-building by manufacturers trying to claim the superiority of their products. The important public health message that all infant formula meets a baby’s nutritional needs must be more effectively communicated. The Government must also consider the CMA’s recommendation that they procure infant formula themselves, providing it to parents at a lower price point while putting downward pressure on other manufacturers’ prices. Prices remain unjustifiably high, but Iceland’s leadership in this campaign has led to a welcome reduction in prices across the sector. Since February, there has been a positive shift, and there are now three formula products available in supermarkets that are affordable with the Government’s weekly Healthy Start vouchers, but those supermarkets are not accessible to everyone. Blackpool has the fourth highest uptake of the Healthy Start scheme, but around 150,000 families nationally who are entitled to access it still do not. There is a clear need for us to ensure that all those who are entitled to Healthy Start vouchers access them, while simultaneously increasing their value from £8.50. This is a matter of huge importance, and I am pleased to have been given the opportunity to raise it in the House. I urge the Government to consider my points and to work with me and stakeholders to ensure that accessibility and affordability are at the heart of the Government’s policy on infant formula. We must examine the comprehensive recommendations in the CMA’s report and the views of those in public health and the third sector, who understand the urgency of this debate. I invite Ministers to consider the voices of parents in Blackpool, who are at the sharp end of this price crisis, but who are brilliantly supported by our local infant feeding support team. Raising a child is one of the most challenging and demanding things we will do in our adult lives. The Government’s policy must lighten the load on parents to ensure that it can be one of the most rewarding things we do. We must ensure that every child in this country has a healthy start to life; we cannot allow children in constituencies such as mine to be failed before they have even taken their first step.

17:40:00

I thank and congratulate my hon. Friend the Member for Blackpool South (Chris Webb) for securing this debate on such a vital matter. He is a true champion for his constituents, and he is rightly concerned about people and families in his constituency who are struggling with the cost of living. I am aware that his constituency experiences high levels of deprivation, which creates challenges for the people who live there. After 14 years of Tory neglect and incompetence, this Government are committed to improving the lives and health of everyone. However, as my hon. Friend will be all too aware, we have a significant challenge on our hands in transforming our health services so that they work better for the people who need them. When we came to office on 4 July, we made it clear that we would fix our broken NHS. We commissioned Lord Darzi, who published a report that laid bare the true extent of the challenges facing our health service, giving us the frank assessment we needed in order to face those problems honestly and to do the hard work required to fix them. That is why, in the Budget, we announced an additional £25.7 billion of health spending over this year and next. However, investment works only if it is coupled with reform. That is why we have launched our 10-year health plan, which will address the root causes and fix the foundations by investing in preventive care, expanding mental health services and modernising NHS infrastructure to radically reform the NHS based on three seismic shifts: from hospital to community, from sickness to prevention and from analogue to digital. Our health mission also aims to reduce the time people spend in ill health by tackling health inequalities and driving economic growth. My hon. Friend will be aware that children are at the centre of our health mission and that we are committed to raising the healthiest ever generation of children. Infant feeding is critical to a baby’s healthy growth and development. We are committed to giving every child the best start in life, and that includes helping families to access support to feed their baby. The family hubs and start for life programme is central to that. Through that programme, 75 local authorities across England are improving their infant feeding support for families, including breastfeeding support. Those services are helping parents to access face-to-face and virtual support whenever they need it, and in a location that suits them, be that in their home, their family hub or a hospital setting. We want to build on the actions that local areas are already taking through the programme, so that families can access the support they need when they need it to meet their infant feeding goals. Breastfeeding has significant benefits for mothers and babies, but breastfeeding rates in England remain low compared with those in other countries. Data shows that around 53% of babies were breastfed at six to eight weeks, but that that dropped significantly by six months. My hon. Friend will know that in response to concerns about breastfeeding internationally, the World Health Organisation instigated an international code to promote breastfeeding and restrict the inappropriate marketing of breast milk substitutes that can discourage breastfeeding. The UK Government are absolutely committed to implementing that code. Although breastfeeding has significant health benefits, we recognise that it is vital that families who cannot or choose not to breastfeed have access to infant formula that is both affordable and high quality. The price of infant formula has been brought back into the spotlight with the publication of the Competition and Markets Authority’s interim report last week on competition in the infant formula market. It highlighted the fact that the price of some infant formula has increased by more than 25% in recent years, and as my hon. Friend pointed out, parents and carers have had to bear the brunt of those price increases. The Government’s infant formula regulations do not set the price of infant formula, which is agreed by infant formula manufacturers and retailers. Instead, they ensure that parents and carers have access to the highest quality and safe infant formula. The regulations cover infant formula and follow-on formula, which covers the first 12 months of a baby’s life. They require all infant formulas to comply with robust nutritional and compositional standards, meaning that they meet all the nutritional needs of babies, regardless of price or brand. However, the regulations rightly restrict the inappropriate marketing and promotion of infant formula. That is because there is considerable evidence that advertising directly to the consumer influences people’s decision on how to feed their babies. My hon. Friend has raised questions about loyalty card points and vouchers from food banks or local authorities being used for purchasing infant formula. The regulations seek to restrict inappropriate marketing techniques that induce the sale of infant formula, including special sales or discounts, so as not to discourage breastfeeding. Loyalty card points on their own are not contentious within the infant formula regulations, and the regulations do not specifically mention them. I agree that consumers should be able to use their loyalty card points to achieve a saving on their shopping. However, my hon. Friend will be aware that numerous loyalty and reward card schemes are available, and they vary significantly between retailers. Some may offer special discounts beyond awarding loyalty points. Loyalty card points should not be used as an incentive or as a reward to purchase infant formula. There is unlikely to be a one-size-fits-all approach, and it is for businesses to ensure that their activities are in compliance with the regulations. My hon. Friend asked about food banks, and I wish to be clear that the regulations do not prohibit infant formula from being distributed via food banks, including where they may issue vouchers to families. Food banks set their own policies on whether to distribute infant formula. I recognise the important role that they play in supporting some of our most vulnerable families. We have published guidance to businesses on the regulations, and can provide further clarity on those issues where needed. My hon. Friend rightly mentioned the CMA’s report, and I wish to address that in more detail. The CMA looked at competition across the infant formula sector, including the regulatory framework, consumer behaviour and manufacturer behaviour, and it assessed the impact on market outcomes. It concluded that multiple factors are resulting in poor market outcomes for consumers, including the behaviour of infant formula manufacturers and retailers, and that those require a response beyond the regulations alone. The CMA has been clear that it recognises the public health importance of the regulations, and that they ensure that all infant formula is suitable for meeting the health and development needs of babies, regardless of price. However, it suggests that restrictions in the regulations on price promotions may be softening competition on prices, and it is also concerned about enforcement of the regulations. Furthermore, the CMA is concerned that parents and carers are not being provided with sufficient information to make well-informed choices, and that their choices are often made in vulnerable situations after giving birth in healthcare settings. In these circumstances, they are unable to make choices that best meet their needs and budgets. The CMA has other market-based concerns about infant formula being indirectly promoted by infant formula manufacturers via the marketing of follow-on formula and growing-up milks, and about how statements on products may influence parent and carer choices. To understand how the visibility of products online, in-store and in hospitals drives choices, the CMA commissioned qualitative research, which it published alongside its interim report. We will be carefully considering all the issues and options put forward by the CMA as it develops its final recommendations for Government early next year. I understand that many families are struggling to meet the cost of feeding their baby, and the Government are committed to helping families most in need to access support. The Budget announcement on extending the household support fund will help those facing financial hardship with the cost of essentials. The Government’s Healthy Start scheme promotes a healthy diet for pregnant women, babies and young children by providing funds that can be used to buy or be put towards the cost of infant formula, as well as fruit and vegetables, pulses and milk. My hon. Friend has suggested that the value of the Healthy Start scheme should be increased. He may be aware that in April 2021, the value of the scheme increased by 37%.

The Government have repeatedly said that they will not consider lifting the two-child benefit cap, but as we have been hearing from Members, the cost of infant formula can be prohibitive for parents who are not particularly well off. Will the Minister again consider lifting the two-child benefit cap, which we know is the biggest driver of child poverty in the UK? That would mean that fewer parents face difficult choices when it comes to paying for good-quality food.

When this Government came into office on 4 July, we inherited the worst public finances since the second world war. We were elected on the basis of a manifesto that stated we would return fiscal responsibility and discipline to the management of the British economy. All of that means that we have had to take some hard choices. I do not think that a single member of the parliamentary Labour party wants to have the two-child cap in place, but the reality is that the profound irresponsibility and recklessness of previous Conservative Governments has left us with no choice but to take some difficult decisions. I hope that as we start to instil fiscal responsibility and bring growth back into our economy, we will be in a position to look again at the public finances, but we have to take it one step at a time because of the catastrophic situation left to us by preceding Administrations. On the Healthy Start scheme, I add that pregnant women and children under four and over one each receive £4.25 a week, and children aged under one each receive £8.50 a week. I once again thank my hon. Friend the Member for Blackpool South for raising this really important matter. I fully appreciate that there is no quick fix to reduce the prices of infant formula, which are set by manufacturers and retailers, but I have outlined the help available through Healthy Start for eligible families. I want to assure him that we are committed to addressing the concerns raised by the CMA so that the infant formula market delivers the better outcomes that parents deserve. Question put and agreed to.

17:53:00