Published on 7 Oct 2025

Supporting regulatory reform to protect infant nutrition: Review of Infant Formula Marketing Regulations

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Allen + Clarke's comprehensive review of Australia's infant formula marketing regulations found the voluntary Marketing in Australia of Infant Formulas: Manufacturers and Importers (MAIF) Agreement was no longer fit for purpose. Our review played an influential role in shaping regulatory improvements. Based on extensive stakeholder consultation involving over 500 participants, we developed targeted recommendations to protect infant health, create industry fairness and rebuild public confidence.

Following our review, the Australian Government announced it was replacing the MAIF Agreement with improved regulation, and the Australian Competition and Consumer Commission decided not to reauthorise the MAIF Agreement, citing the findings of our review as an important factor in their decision. The Australian Government is now progressing a mandatory framework to regulate infant formula marketing and support breastfeeding.

Read the Review here
Our Review found clear evidence the current model failed to meet community expectations. We delivered 10 recommendations focusing on establishing a stronger regulatory model and enhancing monitoring and enforcement to improve infant nutrition.

An outdated framework

Our review found that there was widespread concern about voluntary regulation of infant formula marketing, and that current arrangements were not sufficient for the protection of infant health and the promotion of breastfeeding. Key problems identified by the Review included:

  • Some infant formula manufacturers not being signatories to the Agreement, led to inappropriate marketing of infant formula and an uneven playing field for industry. 

  • Advertising of toddler milk serving as a proxy for infant formula advertising. 

  • Retail marketing practices in breach of the Agreement's scope. 

  • Weak monitoring and complaints processes. 

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Our Evidence-based Approach

We built our recommendations on robust evidence and extensive stakeholder input including:

  • Analysis of 150 documents. 

  • 28 focus groups and interviews with government, industry, and public health advocates and other stakeholders. 

  • 443 responses through an online survey hosted on the Department of Health, Disability and Ageing's Consultation Hub. 

  • Economic analysis to evaluate regulatory options. 

  • Qualitative data analysis to identify themes across diverse stakeholder perspectives. 

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Key Findings: Time for Change

Our review found clear evidence the current model failed to meet community expectations. There was a lack of broad stakeholder trust in the voluntary framework, and an unfair monitoring burden placed primarily on the public and NGOs. The Review also identified limitations regarding the timeliness, transparency and independence of the existing complaints process.

We delivered 10 recommendations focused on establishing a stronger regulatory model, and enhancing monitoring and enforcement to improve infant nutrition. Our review was supported by cost effectiveness analysis of three levels of potential policy changes, to support government decision making.

The review identified a range of benefits that would be achieved by implementing the recommendations: 

  • Establishing a level playing field for all industry participants. 

  • Removing monitoring burden from the public. 

  • Improving regulatory confidence. 

  • Enhancing accountability in the complaints process. 

  • Achieving better health outcomes for Australian families. 

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The MAIF Agreement expired on 28 February 2025, and the Australian Government is now focused on mandating the delivery of mandated controls on the marketing of infant formula in Australia.

What happened next?

Our Review played an important role in shaping regulatory improvements. In October 2024, the Government announced its intention to replace the MAIF Agreement with stronger mandatory controls to protect the health of mothers and babies. On 6 February 2025, the Australian Competition and Consumer Commission (ACCC) announced its decision to not reauthorise the MAIF Agreement on their Public Register, citing the findings of our review as an important consideration in their decision.

 

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