Sugar in baby food: SECO must bring legal action against Nestlé under Unfair Competition Act

Zurich, Lausanne, 12. June 2024

A joint investigation by Public Eye and IBFAN recently revealed double standards over added sugar in two of Nestlé's best-selling baby food brands and has triggered international public outcry. In low- and middle-income countries, Cerelac and Nido are promoted as healthy and "key to supporting young children’s development" but the products contain high levels of added sugar, which is prohibited under WHO’s Guidelines. In Switzerland the company sells such products without added sugar. The two NGOs are now calling on the State Secretariat for Economic Affairs (SECO) to lodge a federal complaint to stop this unethical and unfair business practice – and protect children, but also the reputation of Nestlé's home country.

The findings by Public Eye and the International Baby Food Action Network (IBFAN) have made huge waves in international media and prompted enquiries by regulators in India, Nigeria or Bangladesh. The investigation had found that Nido growing up milks sold in key markets in Africa, Asia and Latin America contain on average almost 2 grams of added sugar per serving while Cerelac baby cereals had nearly 4 grams of added sugar per serving. In Switzerland and Nestlé’s key European markets, such products come without added sugar. Early exposure to sugar increases the risk of numerous chronic diseases such as diabetes and cardiovascular maladies, which is why the WHO explicitly bans it in baby foods.

In lower-income countries, Nestlé promotes Nido and Celerac as healthy for babies and as specifically tailored to their needs - including through collaborations with health professionals and social media influencers – although the products are high in added sugar. And while Nestlé prominently highlights the nutrients contained in its products, the company does not disclose the amount of added sugar to consumers in most countries. The International Code of Marketing of Breast-milk Substitutes prohibits the commercial promotion of growing up milks and of baby foods with "high levels of sugar."

With the right to sue enshrined in article 10 (3) of the Swiss Unfair Competition Act, the federal government has a legal instrument to prevent unfair business practices by Swiss companies with negative consequences abroad if this is necessary for the "protection of the public interest". Notably, the Confederation is entitled to take legal action if "Switzerland’s reputation abroad is threatened or harmed". Nestlé’s misleading and aggressive marketing and its double standard over added sugar are unfair business practices that affect hundreds of thousands of people in lower-income countries.

As home of the world’s largest food company, Switzerland has a special responsibility. It must investigate Nestlé's unethical and unfair business practices and, where applicable, prevent them. Today, Public Eye and IBFAN have submitted a request to SECO, thoroughly substantiated with evidence, that legal proceedings be initiated for the cessation of these commercial practices.

For further information contact:

Oliver Classen, Media Director, +41 44 277 79 06, oliver.classen@publiceye.ch

Laurent Gaberell, Agriculture and Food Expert, +41 78 204 50 60, laurent.gaberell@publiceye.ch