Philippines Department of Justice Upholds DOH Decision on Infant Formula Trademarks

According to news sources, Philippine Department of Justice Secretary Leila
de Lima issued an opinion in May 2012, upholding a Department of Health
(DOH) memorandum that prohibited multinational companies that make
infant milk and other nutritional products from using registered trademarks
that contain health and nutrition claims which may undermine breastfeeding
and breast milk. The companies were not prohibited from selling or advertising
their products as long as their marketing materials, including product
labels, comply with DOH rules. DOH apparently took the action on the basis of
data showing that the country has a weak breastfeeding culture.

In issuing her ruling, de Lima rejected the companies’ contention that
preventing a trademark owner from the right to use its own registered mark
on its products constituted a deprivation of property without due process
of law. She reportedly said, “deceptive marks and misdescriptive marks are
absolutely unregistrable.” See Business Mirror, June 13, 2012.

Meanwhile, in a related development, concerns over efforts to introduce
plain packaging for tobacco products in the United Kingdom are reportedly
extending into the food and beverage industries, which are watching such
developments closely. A packaging spokesperson was quoted as saying
such regulation would set an “extremely dangerous precedent” for other
sectors, adding “[w]ith legislation around minimum alcohol pricing in the
pipeline, high-profile debates about a ‘fat tax’ and calls for cigarette style
health warnings on alcohol and ‘junk food’; brand owners and manufacturers
have to open their eyes to the very realistic threat of plain packaging being introduced on a wide range of consumer products.” See FoodProductiondaily.com, June 15, 2012.