Infant Formula Advertising in Australia: What the New Laws Mean for Breastfeeding Mums

The Marketing in Australia of Infant Formulas (MAIF) Agreement was established in 1992. It was a voluntary, self-regulatory code of conduct between manufacturers and importers of infant formula — a set of rules the industry agreed to follow without any legal obligation to do so.

Under the MAIF Agreement, signatories agreed to:

• Not advertise infant formula products (for babies aged 0–12 months) directly to the public
• Not imply that formula was superior or equivalent to breastmilk
• Not promote products through healthcare systems
• Not provide free samples to the general public
• Not offer financial incentives or gifts that promote formula feeding

The agreement was Australia’s response to the World Health Organization’s International Code of Marketing of Breast-milk Substitutes — but it fell well short of the WHO Code in several significant ways. It didn’t cover toddler formula, feeding bottles, or retail advertising. It had no meaningful penalties for breaches. And compliance relied almost entirely on consumer complaints rather than any independent monitoring.

In February 2025, the Australian Competition and Consumer Commission (ACCC) declined to reauthorise the agreement, effectively ending it. The Government announced in October 2024 that it would replace the MAIF Agreement with mandatory controls — and opened public consultation on proposed legislation in early 2026.

You might wonder: does advertising really change what mothers do? The evidence suggests it does — and the mechanisms are more subtle than a straightforward ‘buy this product’ message.

Research conducted by the ADM+S Australian Ad Observatory analysed 158 infant formula advertisements collected from Australian parents scrolling Facebook, Instagram, TikTok, and YouTube. What they found reveals how formula marketing reaches vulnerable moments:

• Most ads made nutritional or behavioural benefit claims for formula products — claims designed to ease parental anxiety about whether their baby was getting enough
• Some ads were timed to reach parents at the exact moment they were searching for breastfeeding support — positioning formula as the solution to a problem that could often be addressed with the right help
• Cross-promotion through ‘toddler formula’ products — with identical branding and numbered ‘stages’ — effectively advertised infant formula while technically staying outside the MAIF Agreement’s scope
• Free resources like cookbooks and home-safety guides were used to collect contact information from new parents, opening the door to direct marketing

Australia’s breastfeeding initiation rate is high — around 96% of babies are breastfed at birth. But exclusive breastfeeding rates drop sharply. By six months, only around 37% of babies were exclusively breastfed in the most recent national data. The Australian Government’s Breastfeeding Strategy set a target of 50% exclusive breastfeeding to six months by 2025 — a goal that was not met.

Research has shown that formula advertising can confuse parents about the relative nutritional properties of breastmilk versus formula, reduce breastfeeding initiation and duration, and present formula as a more favourable solution to breastfeeding challenges — many of which can be overcome with proper support.

It’s worth saying plainly: formula is valuable and essential for families who need it. There are many reasons why a mother may not breastfeed, or may choose not to — and those choices deserve respect. The concern is not formula itself. It’s the use of commercial advertising to undermine a mother’s confidence in her own body at its most vulnerable moment. For evidence-based strategies to support your supply when challenges arise, our guide to 10 proven ways to increase milk supply covers the evidence in depth.

The Australian Department of Health opened a public consultation in early 2026, seeking community and stakeholder views on options to mandate infant formula marketing controls. The consultation closed on 10 April 2026.

The proposed options under consideration include:

• Maintaining the existing voluntary MAIF Agreement framework (the status quo option — widely considered inadequate by public health advocates)
• Introducing legislation that mirrors the MAIF Agreement but makes controls legally binding, with real penalties for breaches
• Extending mandatory controls to include toddler formula advertising, retailer marketing, and digital advertising — areas the MAIF Agreement left unregulated
• Full implementation of the WHO Code, which represents the strongest protection for breastfeeding and covers a broader range of breastmilk substitutes, feeding bottles, and teats

The preferred direction from public health groups, including the Australian Breastfeeding Association, is for legislation that moves Australia closer to the WHO Code — including coverage of toddler formula, social media advertising, and retail promotions. The WHO Code was updated in 2025 to explicitly address digital marketing, recognising that the online environment presents unique risks for new and expecting parents.

Whatever form the final legislation takes, the transition signals something meaningful: Australian policymakers are acknowledging that the previous voluntary system was not working, and that breastfeeding rates matter enough to justify mandatory protection.

While legislation is being finalised, here are practical ways to support your own breastfeeding confidence:

• Know that formula advertising you encounter online is commercial messaging — not neutral medical advice
• Seek breastfeeding support from qualified sources first: your midwife, GP, or an International Board Certified Lactation Consultant (IBCLC)
• Connect with the Australian Breastfeeding Association, which provides free phone and online support for breastfeeding families
• If you’re worried about your milk supply, start with evidence-based nutrition and feeding frequency strategies before considering supplementation
• Be cautious of formula company ‘support’ apps, communities, or helplines — these are marketing touchpoints, not independent advice

Nourishing your body well during breastfeeding matters for both your wellbeing and your milk. Our lactation cookies range and breastfeeding teas are formulated by a Certified Postpartum Nutrition Professional to support your nutritional needs through the feeding journey.

For the full picture of breastfeeding nutrition in Australia, return to our pillar guide: Breastfeeding Nutrition & Milk Supply: Evidence-Based Guide for Australian Mothers.

If this article has prompted questions about your own breastfeeding journey, these related guides may help:

• 10 Proven Ways to Increase Your Milk Supply — evidence-based strategies when supply is a concern
• Foods That Actually Increase Milk Supply: The Evidence — what the research says about galactagogues and nutrition
• Best Lactation Cookies in Australia: What Actually Works — navigating lactation support products with confidence
• Formula vs Breastmilk for Babies with Eczema: Making an Informed Decision — when formula questions intersect with your baby’s skin health
• Natural Electrolyte Drinks for Breastfeeding Mums — staying nourished and hydrated through the feeding journey
• The Benefits of Fenugreek for Breastfeeding — what the evidence says about one of the most commonly used galactagogues