Policy paper

Government response to the CMA infant formula market study

Published 3 December 2025

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This publication is available at https://www.gov.uk/government/publications/infant-formula-government-response-to-cma-market-study/government-response-to-the-cma-infant-formula-market-study

Introduction

The UK, Scottish and Welsh governments, Food Standards Scotland, and the Department of Health and Food Standards Agency in Northern Ireland welcome the Competition and Markets Authority’s (CMA) market study into the UK infant and follow-on formula market.

Government departments across the 4 UK nations have considered its findings and have worked together on developing this joint response.  

We are all committed to giving every child the best start in life, and we know that getting the right nutrition at the start is crucial for a baby’s healthy growth and development.

We are fully committed to supporting breastfeeding, which brings significant benefits for mothers and babies. We also recognise that some families cannot, or choose not, to breastfeed. For families that do not exclusively breastfeed, infant formula is an essential item, and it is vital that they have access to products that are safe, affordable and nutritionally complete.  

Support for babies, new parents and carers across the UK

Each devolved nation already has a range of action in place to support babies, new parents and carers. For example:

England 

In England, investment through the Family Hubs and Start for Life programme is improving local support for families to help them achieve their infant feeding goals. We are rolling out Best Start Family Hubs across the country, where families can access a range of services all in one place, improving local support for families such as for infant feeding.

In addition, the National Breastfeeding Helpline has been extended so that families across the UK can access breastfeeding support 24 hours a day, every day of the year.

There is also the healthy child programme, which is a universal, personalised service provided by health visitors for those aged 0 to 5 years, alongside more targeted support for families who require additional help. Health visiting teams also provide infant feeding support and nutrition advice for all parents and carers. 

Scotland

In Scotland, a national Breastfeeding and infant feeding: strategic framework 2025 to 2030 has been published. This sets out how pregnant women and new parents and carers will be supported in their infant feeding choices.

In addition, there is a commitment to delivering on the early child development transformational change programme, which will support early child health and development, and ensure all children have the nurturing care they need in their early years.

The Universal Health Visiting Pathway and Family Nurse Partnership (Scotland) also provide a continuum of support to families with young children, including on breastfeeding and infant feeding.  

Scotland also provides every pregnant mother with a Baby Box and has specific legislation in place to protect a mother and baby’s right to milk feeding when they are out and about, up to the age of 2.

Furthermore, in recognition of the growing issue of affordability of infant formula, Scotland has developed a guide to infant food insecurity to support local partners to develop pathways of care and support in an emergency, which aims to ensure that all babies in Scotland continue to be fed responsively and sustainably. The guide states the importance of inclusion of cash equivalents as a route to purchase infant formula - such as the use of gift cards or shopping vouchers - where cash is not an option.

Wales

In Wales, families with children under 4 years old in disadvantaged areas of Wales are supported by Flying Start, a Welsh Government programme providing enhanced health visiting, funded childcare and parenting support.

The Families First programme includes initiatives focused on nutrition and cooking skills, and also plays a critical role in embedding health and wellbeing practices within childcare settings and community spaces.

Public Health Wales’s Every Child campaign provides young families with the information they need to make informed decisions about their health and that of their child, including accessing a healthy diet. The campaign also provides parents with key messaging around the use of formula products (including the nutritional equivalence of all stage 1 formulas and that there are no benefits associated with the use of stage 2 or follow-on formula products for babies). 

Northern Ireland

In Northern Ireland, Healthy Child, Healthy Future, the universal child health promotion programme, sets out the core contact every family with children in Northern Ireland can expect to receive from midwifery, health visiting and school nursing services that is proportionate to their level of need. The framework recognises that every child and family is different, and there is the need to be flexible and innovative to ensure that all families can access and benefit from the advice, support and services available to them.

Additionally, the Family Nurse Partnership (Northern Ireland) initiative has proved to be an effective, intensive home-visiting programme offered to young first-time parents who are eligible, providing a range of support for breastfeeding, infant feeding and early years issues.   

National schemes providing financial support for low-income families

As well as the above, each country has a scheme to support those families most in need by providing financial support to low-income households as follows.

In England, Wales and Northern Ireland, Healthy Start:

  • helps pregnant women and families with young children under the age of 4 to buy healthy food, milk or infant formula
  • offers free Healthy Start vitamin supplements

In Scotland, Best Start Foods helps pregnant women and families with young children under the age of 3 to buy healthy food, milk or infant formula.

Existing regulations across the devolved nations

As governments representing the full breadth of the UK, we want to ensure that infant formula products are fairly priced and that the link between price and quality is better understood by, and made clearer to, parents and carers to support affordability in this market.

For example, there are specific regulations that require all infant and follow-on formula to comply with robust nutritional and compositional standards, alongside rules on how formula milk products are labelled, presented and advertised to protect parents and carers from inappropriate claims or promotions. This means that all infant formula sold on the UK market is safe, if used appropriately, and meets the nutritional needs of babies, regardless of the price or brand.

These regulations do not set the price of infant formula.

The main UK legislation is the Commission Delegated Regulation (EU) 2016/127, which details specific:

  • compositional and information requirements for infant formula and follow-on formula
  • requirements on information relating to infant and young child feeding

For a complete list of all other relevant legislation across each of the 4 UK nations, see ‘Appendix: infant and follow-on formula legislation’ below.

What CMA’s market study found

CMA highlighted that the average retail price of some infant formula has increased by over 25% in recent years, suggesting that increasing input costs have largely been passed on to consumers. It noted that there is little competition between either manufacturers or retailers to drive prices down.

This has placed pressure on families, who are already struggling with increased cost-of-living pressures, with a disproportionate impact on those who are least likely to breastfeed and need to buy infant formula.

It noted that families often rely on brand reputation and use price as a proxy for quality, choosing more expensive products when lower-priced options would also meet the nutritional needs of their baby.

CMA estimated that, if parents and carers who use infant formula chose less expensive infant formula products, savings could be between £300 and £540 over a baby’s first year of life. 

CMA made 11 recommendations aimed at:

  • eliminating brand influence in healthcare settings
  • providing better information for parents in retail settings
  • strengthening labelling and advertising rules
  • ensuring effective enforcement of regulations

Our approach to implementing the CMA recommendations

The proposals, policies and associated regulations to implement the CMA recommendations are devolved policy matters. However, this is a joint 4 nations response. In this document, we set out each recommendation and our collective response. 

Unless specified otherwise, when we say ‘we’ in this response, we are referring to the UK, Scottish and Welsh governments, Food Standards Scotland, and the Department of Health and Food Standards Agency in Northern Ireland.

We are supportive of what CMA is trying to achieve with its recommendations:

  • parents and carers being confident to choose lower-priced products
  • manufacturers and retailers competing more on price

Initial actions we will take

A number of CMA recommendations would require legislative change.

We have considered this carefully and have concluded that, firstly, action should be taken to review, assess and, where needed, strengthen the implementation of the current legislative framework.

To achieve this, we will:

  • support parents and carers to make better-informed decisions if they need or choose to buy infant formula by providing more comprehensive and accessible information, including in healthcare settings
  • encourage retailers to voluntarily implement the recommendations aimed at them to better enable product comparison and stimulate competition between brands
  • reinforce existing enforcement processes by reviewing current practices
  • update and clarify guidance, where needed, to strengthen adherence

Combined, we believe these actions can help shift the infant formula market positively, and in the direction envisaged by CMA.

Future actions

We will keep this non-legislative package under review to assess the impact and consider whether further action is required, including potential legislative change.

Our response to the recommendations in brief

By taking forward this non-legislative package, we accept in principle 6 of CMA’s recommendations.

We have concluded that 3 of the recommendations require further work to ensure governments across the 4 nations can identify the most appropriate and effective policy solutions.

Two of the recommendations are rejected on the basis of feasibility and concern that the risks outweigh the potential benefits.

Eliminating brand influence in healthcare settings

Recommendation 1.1: messaging on nutritional sufficiency in healthcare settings 

We recommend that UK, Northern Irish, Scottish and Welsh governments, working with the NHS in England, Scotland and Wales, Public Health Agency in Northern Ireland and other organisations as appropriate, design and implement effective policies and processes to proactively provide parents and expecting parents with timely, clear, accurate and impartial information on the nutritional sufficiency of infant formula products.

Government response: accept in principle

We accept this recommendation in principle.

We agree on the importance of proactively disseminating information on the nutritional sufficiency of all infant formula sold in the UK to support parents and carers to make infant feeding decisions that are best suited to their family’s needs.

Existing UK infant and follow-on formula regulations set robust standards to ensure that all infant formula sold across the UK meets the nutritional requirements of babies, regardless of its price or brand.

To ensure messaging on nutritional sufficiency is accurate and fully understood, we will - in consultation with the NHS in England, Scotland and Wales, and the Public Health Agency in Northern Ireland - collectively develop and test proposed messaging and seek input on proposals from a range of stakeholders. This will build on the messaging already developed across the 4 nations.

Current channels for communicating information on infant feeding will also be reviewed to identify how and when messaging on nutritional sufficiency can best be delivered. Building on the insights provided through the CMA report, this may include updating online health service content and other supporting materials distributed to parents and carers in healthcare settings to support infant feeding decisions.  

We will also consider how current guidelines on infant feeding for healthcare professionals can be reviewed to better reflect and support the delivery of this message.

We will seek to finalise messaging on the nutritional sufficiency of all infant formula by summer 2026.

We are committed to using and ensuring the use of this messaging consistently in all relevant information provided in healthcare settings. This information will be provided as part of infant feeding discussions, alongside information on the benefits of breastfeeding. 

Recommendation 1.2: standardised labelling in healthcare settings 

We recommend that the UK, Northern Irish, Scottish and Welsh governments, working with the NHS and NHS Supply Chain in England and Wales, NHS Scotland/NHS National Services Scotland, and HSC [Health and Social Care], the Public Health Agency and Procurement and Logistics Service in Northern Ireland, as appropriate, take steps to ensure that, where parents are provided with infant formula in healthcare settings, it has standardised labelling so that branded products have less influence on parents’ decision-making. 

Government response: reject

While we accept that this recommendation might help to reduce misconceptions over the perceived brand superiority of infant formula supplied by health services across the UK, its proposed delivery poses risks and challenges that we consider outweigh the benefits it is seeking to achieve.  

The option to decant the infant formula from branded into non-branded containers raises food hygiene and safety concerns.

Putting standardised labelling on top of branded labelling also poses risks and practical difficulties. For example, there are risks that putting labels over brand labels could conceal mandatory information, including on allergens or preparation and usage instructions. There are also time requirements for health service staff that need to be factored in.

Moreover, the current food information for consumers labelling legislation - assimilated Regulation (EU) No 1169/2011 of the European Parliament and of the Council - requires prepacked food to be labelled with the name and address of the food business operator marketing the food.  This would partially undermine the purpose of a ‘white label’ as parents and carers would be able to guess the likely brand.

There is the option for white-labelled products to be procured in each nation. However, as CMA highlighted, the health service is not a large market for companies and we have concerns over the commercial viability of this option. This could put at risk the supply chain to health services across the UK. 

We agree that parents and carers should receive impartial information on infant feeding, including on the nutritional sufficiency of all infant formula, and that this should start in healthcare settings (see recommendation 1.1 above). However, for babies who are not breastfed exclusively, we believe that parents and carers are likely to want to know what their babies are being fed and what the products contain, noting that only infant formula is suitable from birth. Limiting information on the products being supplied to parents and carers:

  • may risk eroding trust between parents and carers and healthcare professionals at a critical point in time
  • could lead to parents and carers seeking information from other sources, which may not be impartial or could be less reliable

This could undermine - rather than support - infant feeding decisions. 

Finally, most new mothers initiate breastfeeding, with decisions on switching to infant formula or mixed feeding often taking place after leaving the healthcare setting. The potential impacts of this measure on parents’ and carers’ decision making around infant formula brand are therefore limited. 

Pregnant women and new parents and carers need to be able to make fully informed decisions on how and what to feed their babies and be supported in these choices. Supporting parents and carers in these situations is a priority for any healthcare professional. We do not consider it appropriate to proceed with this recommendation.  

However, we do think that there is more that can be done across the UK to minimise unintended promotion of particular brands of infant formula in healthcare settings, and support consumer choice and the acceptability and credibility of lower-priced products. This could include:

  • more regularly rotating the products that healthcare settings offer, as recommended by the UNICEF Baby Friendly Initiative
  • only providing infant formula in healthcare settings that is competitively priced in the retail market

We will ask NHS procurement services across Great Britain (England, Scotland and Wales) and the Public Health Agency in Northern Ireland to consider options to support choice in healthcare settings. 

Equipping parents to make strong choices in retail

Recommendation 2.1: messaging on nutritional sufficiency in retail settings 

We recommend that the UK, Northern Irish, Scottish and Welsh governments introduce regulatory measures to require that physical and online retail settings prominently display specified information on nutritional sufficiency in close proximity to infant formula products available for sale. This should be preceded by a voluntary pilot programme.

Recommendation 2.2: product placement in retail settings 

We recommend that the UK, Northern Irish, Scottish and Welsh governments introduce a regulatory measure to require retailers above a certain size threshold to display all brands of infant formula products together on retail shelves and in a separate cluster from all brands of follow-on formula, and other formula milks. This should be preceded by a voluntary pilot programme.

Government response: accept in principle

We accept these 2 recommendations in principle - however, voluntary (not mandatory) action will be sought initially. 

Retailers play a significant role in influencing the type of infant formula parents and carers buy. The steps proposed by CMA in recommendations 2.1 and 2.2 have the potential to:

  • support parents and carers to better compare brands and prices in store and online
  • incentivise greater price competition

These recommendations will also complement the recent decision by the UK government to mandate the consistent use of unit pricing measures in England, Scotland and Wales. The aim of this is to aid product comparison and enable consumers to make fully informed decisions on what they buy. Northern Ireland is also considering this.  

We will work with retailers and representative bodies to agree a voluntary approach to the implementation of these recommendations. This will include identifying how recommendation 2.1 can be applied to an online setting.

We will also consider the development of messaging on nutritional sufficiency in retail settings through our work to deliver recommendation 1.1 (see above). We may reconsider introducing mandatory requirements if uptake of these measures is insufficient and the evidence of impact supports stronger intervention.

Strengthening the labelling and advertising rules

Recommendation 3.1: messaging on the nutritional sufficiency of all infant formula on product labelling   

We recommend that the UK, Northern Irish, Scottish and Welsh governments, working in collaboration with each other, should revise the infant formula and follow-on formula regulations or introduce other regulatory measures so that there is a requirement for manufacturers to display information on nutritional sufficiency directly and prominently on the labelling of their infant formula products.

Recommendation 3.2: restricting the use of intangible and/or non-verifiable messages 

We recommend that the UK, Northern Irish, Scottish and Welsh governments revise the infant formula and follow-on formula regulations or introduce other regulatory measures to restrict the use of intangible and/or non-verifiable messages on infant formula and follow-on formula labelling by providing that only specified and prescribed information or categories of information is permitted on labelling.

Recommendation 3.3: extending the restrictions on advertising to follow-on formula  

We recommend that the UK, Northern Irish, Scottish and Welsh governments, revise the infant formula and follow-on formula regulations or introduce other regulatory measures to restrict the advertisement of follow-on formula, in line with the existing restrictions on the advertisement of infant formula.

Government response: further work required

For each of these 3 recommendations, we consider that further work is required.

We agree it is important to protect parents and carers from ambiguous and misleading claims, and that some voluntary claims could imply product superiority.

Under the current regulations, there are already strict labelling requirements for both infant and follow-on formula. These include banning the use of nutrition and health claims on infant formula, in recognition that such claims may unduly influence decision making on infant feeding and brand choice. This is further supported by other aspects of UK labelling legislation. For example, the:

  • foods for specific groups regulation - assimilated Regulation (EU) No 609/2013 of the European Parliament and of the Council - clearly outlines that the labelling of infant and follow-on formula should not include imagery or text that may idealise the use of the product and undermine breastfeeding
  • food information for consumers regulation (linked in the government response to recommendation 1.2 above) requires that, for all products, where voluntary information is provided, this must, among other rules:
    • not be misleading
    • not be ambiguous or confusing for the consumer
    • where appropriate, be based on relevant scientific data

The precise regulations differ across the devolved nations - see ‘Appendix: infant and follow-on formula legislation’ below for more details.

We also acknowledge the concerns raised by CMA in relation to the outsized impact of brand reputation and cross-promotion of formula products on parents’ and carers’ decision making. This may mean some parents and carers are paying more for infant formula than they otherwise would.

The need to address this aligns with the World Health Organization International Code of Marketing of Breast-Milk Substitutes regarding limiting the advertising of all breast-milk alternatives.  

To support more informed and balanced decision making on the type of infant formula parents and carers buy, governments across the UK are prioritising CMA recommendations that should give parents and carers greater access to clear, accurate and impartial information (see recommendations 1.1, 2.1 and 2.2 above). In doing so, parents and carers should have greater confidence to select infant formula that is best suited to their family’s needs.

In addition, we will consider how best to communicate to parents and carers the health service advice that switching from first infant formula to follow-on formula at 6 months is not necessary for babies, which will further support parents’ and carers’ decision making. We will aim to do this by summer 2026 (see recommendation 1.1 above for more details). 

The 4 nation nutrition-related labelling, composition and standards (NLCS) common framework policy group will consider these recommendations in more detail. If legislative action is considered necessary in the future, we would consult as necessary on any proposed changes to ensure stakeholders can provide comment. We would also need to fully assess any trade and legal implications and impact on business. 

Recommendation 3.4: clarify what constitutes advertising 

We recommend that the UK, Northern Irish, Scottish and Welsh governments, working with the ASA [Advertising Standards Authority], provide further clarification and examples on what constitutes advertising, particularly digital advertising, including social media, for the purposes of the infant formula and follow-on formula regulations, updating the regulations, CAP [UK Code of Non-broadcast Advertising and Direct and Promotional Marketing] and BCAP [UK Code of Broadcast Advertising] codes and/or guidance as necessary.

Government response: accept in principle

We accept this recommendation in principle. 

We recognise that advertising and marketing methods, especially in the digital environment, continue to evolve, and that an update to the current guidance might better support formula milk manufacturers and other industry players to understand their responsibilities.

We are committed to working with the Advertising Standards Authority (ASA), with input from stakeholders, to review the existing guidance, and consider where clarification would be useful and effective - and the right means for doing so. These conversations have already begun. 

Recommendation 3.5: permit the use of gift cards, vouchers, loyalty points and coupons in lieu of cash to purchase infant formula 

We recommend that the UK, Northern Irish, Scottish and Welsh governments amend, as necessary, the guidance to the infant formula and follow-on formula regulations (and, if necessary and feasible, amend the infant formula and follow-on formula regulations) to ensure that parents can use gift cards, vouchers, loyalty points and coupons in lieu of cash to purchase infant formula.” 

Government response: accept in principle

We accept this recommendation in principle, in so far as this does not induce the sale of infant formula.

Across the 4 nations, we remain fully committed to avoiding inducements to buy infant formula, in line with our public health objectives to support breastfeeding. However, for those families who cannot or choose not to breastfeed exclusively, we are committed to supporting parents and carers to access affordable infant formula products. This includes removing unnecessary barriers that may help with the cost of infant formula.  

The current legislative framework does not appear to prohibit the use of supermarket or multi-retailer gift cards or other cash equivalents - it would seem to be a matter of choice as to how consumers choose to spend these cash equivalents. However, the legislation clearly restricts the use of promotional devices to induce sales of infant formula directly to the consumer at the retail level.

We will work together under the 4 nations NLCS common framework policy group and with stakeholders to review and clarify current guidance, providing greater certainty to families and retailers in terms of what is allowed. We will provide clarity on:

  • the use of cash equivalents, such as supermarket or multi-retailer gift cards and vouchers or coupons, including those issued through food banks, to buy infant formula
  • the position on loyalty card schemes
  • what activities may not be allowed as they would be considered to promote or induce sales on infant formula

We will seek to publish guidance on this point shortly.

Ensuring effective enforcement of current and updated regulations

Recommendation 4.1: governments to assess whether labels are ‘clearly distinct’ and communicate assessment to manufacturers and enforcers 

We recommend that the UK government, working with governments in Northern Ireland, Scotland and Wales, assesses whether the labels of infant formula products currently on the UK market are compliant with article 6 (6) of the infant formula and follow-on formula regulations and related DHSC guidance. These govern the presentation and labelling requirements for infant formula and follow-on formula and require them to be clearly distinct from one another. The UK government should then, at a minimum, communicate its assessment of compliance to enforcers and manufacturers and update its guidance if clarification is required regarding interpretation of the regulations.

Government response: accept in principle

We accept this recommendation in principle.  

We are aware of the concerns raised by CMA and others over compliance with the current regulations requiring infant and follow-on formula labelling to be clearly distinct, and the potential influence this may have on what parents and carers buy.  

Ensuring compliance with existing regulations is a priority across all 4 nations. Therefore, we - in consultation with local authorities and district councils across the UK - will consider collectively designing and co-ordinating an assessment of current infant formula labelling compliance. Local authorities and district councils are responsible for enforcing infant formula regulations.

Following this assessment, we will then work in partnership to understand if and what action is needed to address any concerns identified and undertake a new burdens assessment if required.  

Recommendation 4.2: introduce a pre-approval process for infant formula product labels  

We recommend that the UK, Northern Irish, Scottish and Welsh governments strengthen the competent authority role by introducing a pre-approval process for infant formula product labels.

Government response: reject

Rather than introducing a new process, we are committed to strengthening current labelling compliance (see recommendation 4.1 above). We will work in partnership with local authorities and district councils to understand if and why there are challenges and what steps can be taken to resolve these.

We believe that, if enforcement bodies have a clear understanding of what constitutes ‘clearly distinct’ labelling in relation to infant and follow-on formula, and the confidence to challenge non-compliance, changes to the existing enforcement procedures will not be necessary.

Local authorities and district councils already have a range of interventions at their disposal to act against non-compliance. This:

  • ensures non-compliance can be dealt with
  • protects public health and consumer interests
  • provides a disincentive for non-compliant businesses

Moreover, a pre-approval process could risk delays to products coming to the market, hindering competition.

There is also a range of other nutrition legislation that applies to infant and follow-on formula and so there is a risk that a pre-approval process for the purposes of ensuring product labels are clearly distinct may cause consumers to incorrectly infer that the product is government assured in accordance with all this legislation.

For a complete list of all relevant legislation across each of the 4 UK nations, see ‘Appendix: infant and follow-on formula legislation’ below.

Summary of recommendations and government responses

See the relevant section above to read each recommendation and our response in full, and ‘Our approach to implementing the CMA recommendations’ for a summary of the initial and future actions we intend to take.

Eliminating brand influence in healthcare settings

Recommendation Government response
Recommendation 1.1: messaging on nutritional sufficiency in healthcare settings Accept in principle
Recommendation 1.2: standardised labelling in healthcare settings Reject

Equipping parents to make strong choices in retail

Recommendation Government response
Recommendation 2.1: messaging on nutritional sufficiency in retail settings Accept in principle
Recommendation 2.2: product placement in retail settings Accept in principle

Strengthening the labelling and advertising rules

Recommendation Government response
Recommendation 3.1: messaging on the nutritional sufficiency of all infant formula on product labelling Further work required
Recommendation 3.2: restricting the use of intangible and/or non-verifiable messages Further work required
Recommendation 3.3: extending the restrictions on advertising to follow-on formula Further work required
Recommendation 3.4: clarify what constitutes advertising Accept in principle
Recommendation 3.5: permit the use of gift cards, vouchers, loyalty points and coupons in lieu of cash to purchase infant formula Accept in principle

Ensuring effective enforcement of current and updated regulations

Recommendation Government response
Recommendation 4.1: governments to assess whether labels are ‘clearly distinct’ and communicate assessment to manufacturers and enforcers Accept in principle
Recommendation 4.2: introduce a pre-approval process for infant formula product labels Reject

Next steps

Across the 4 nations, we will:

  • continue to work closely to ensure this joint response is delivered in a cohesive and timely manner
  • liaise with CMA, when considering how best to evaluate the impact of our actions over time, to ensure that babies, parents, carers and families across the UK are benefiting from this work

Appendix: infant and follow-on formula legislation

United Kingdom

The Nutrition (Amendment) and Food for Specific Groups (Food for Special Medical Purposes for Infants, Infant Formula and Follow-on Formula) (Information and Compositional Requirements) (Amendment) Regulations 2021

Great Britain

The following pieces of legislation apply to Great Britain:

England

The following pieces of legislation apply to England:

Scotland

The following pieces of legislation apply to Scotland:

Wales

The following pieces of legislation apply to Wales:

Northern Ireland

The following pieces of legislation apply to Northern Ireland:

Legislation in Northern Ireland is also amended and/or enforced by:

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