S
(price competition on breast replacement forumula products is illegal)
As far as I can see I am correct. See [broken link removed] (section 10.6):ajapale said:I dont think this assertion is correct. It was discussed here a few years ago and i seem to remember that
1) Below cost selling of infant formula is outlawed by the groceries order.
2) Self Regulation by the manufacturers and retailers prevents incentives and marketing intitiatives for breast replacement formula.
and [broken link removed]. (Appendix 3):8-10 Labelling, Advertising and Presentation of Infant Formula and Follow-on Formula
...
(6) The provision of free or low-priced products, samples or any other promotional gifts to the general public, including, inter alia, pregnant women, mothers or members of their families, either directly or indirectly, via the health care system or health workers by manufacturers and distributors of infant formulae or their associates, is prohibited.
The Groceries Order also applies to infant formula but would seem to be somewhat overridden by the legislation above.Consolidated Text of the European Communities (Infant Formulae and Follow-on Formulae) Regulations, 1998 to 2000
Note:This consolidation entails the integration of two statutory instruments (S.I.No. 243 of 1998 and S.I. No. 446 of 2000).The text provided in this appendix is intended for convenience and the FSAI does not assume any liability for its content. Please note that these texts have no legal value. For legal purposes please refer to the published official texts.
The provision of free or low-priced products, samples or any other promotional gifts to the general public........................ by manufacturers and distributors of infant formulae or their associates, is prohibited.
I am 100% certain that I am correct. Read the SI and the other link that I posted earlier. Oddly enough different manufacturers can set different prices for their formula products but retailers cannot then deviate from these. This is why Farleys First Milk is the cheapest on the Irish market at €8.79 everywhere. Check out the prices yourself and you will see that in practice there is no price deviation between outlets for the same brand. If any retailer is deviating on the price of breast milk replacement formula (for 0 - 6 month olds) then they are breaking the law.DaveD said:From me understanding of the rules pertaining to infant formula Clubmans assertion that "price competition on breast replacement forumula products is illegal" is not actually correct.
It is illegal to promote these products by giving customer reward points and is also illegal to sell these products below cost as they are covered by the Groceries order. However neither of these issues technically prevent retailers competing on price as there is no upper limit on price. In practice most have the same price but on occasion I have seen the same product at different prices in different retailers.
mod bump
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