The purpose of this policy is to apply guidelines to all media produced by TXBC and to all advertising in any TXBC media, whether provided after financial barter or in-kind consideration. Advertisers must comply with this Advertising Policy.
Examples of TXBC media include the following: the Journal of Human Lactation (JHL), TXBC website, websites conducting business on behalf of TXBC, social and other electronic media used by TXBC, the TXBC member list, publications produced by TXBC, and materials for any TXBC educational activity (including conferences).
General Advertising Policies
Advertising involving any TXBC media must be consistent with this Policy and with TXBC’s Vision and Mission Statements (implemented through the TXBC Strategic Plan), TXBC’s Bylaws, and the International Code of Marketing of Breast-milk Substitutes and all subsequent relevant WHO resolutions.
A. TXBC’s Vision and Mission Statements, and Strategic Plan
1. Vision: Texans Support Breastfeeding
2. Mission: To improve the health of Texans by working collaboratively to protect, promote and support breastfeeding.
3. TXBC’s Strategic Plan contains an AIM statement with five goals designed to fulfill the Vision and Mission.
AIM STATEMENT: By 2018, the number of mother/baby dyad, who are exclusively breastfeeding at 6 months and continuing breastfeeding for at least 12 months, will meet or exceed the Healthy People 2020 target, within the State of Texas by;
Goal One: Supporting women in the breastfeeding goals
Goal Two: Improving community partnerships in support of the Ten Steps
Goal Three: Improving worksite lactation Support
Goal Four: Increasing local coalition capacity to support TXBC
Goal Five: Narrowing the gaps in breastfeeding disparities, create equity in knowledge, resources and support.
- TXBC does not invest in, nor accept funding, donations, advertising, or sponsorship from entities whose goals and marketing are inappropriate, contrary to, or inconsistent with TXBC’s Vision, Mission and Strategic Plan.
B. TXBC Bylaws
1. All TXBC advertising must be consistent with TXBC Bylaws, specifically 2.2.1 and 2.2.2.
a. Bylaw 2.2.1. “As an organization, TXBC and its affiliates will not endorse any literature or products, or accept direct funding from industries producing or marketing products that do not comply with the International Code of Marketing of Breast-milk Substitutes and subsequent WHO resolutions.”
b. Bylaw 2.2.2. “Directors of TXBC, its staff and its affiliates will not accept funding from interests producing or marketing products that do not comply with the International Code of Marketing of Breast-milk Substitutes and subsequent WHO resolutions.”
C. The International Code of Marketing of Breast-Milk Substitutes and all subsequent relevant WHO resolutions
1. All TXBC media must be in compliance with the International Code of Marketing of Breast-milk Substitutes and all subsequent relevant WHO resolutions.
2. TXBC does not invest in, nor accept funding, donations, advertising, or sponsorship from corporate entities that do not meet their obligations under the International Code of Marketing of Breast-milk Substitutes and all subsequent relevant WHO resolutions. “Corporate entities” includes all subsidiaries and parent companies of marketers that are not meeting their obligations under the International Code of Marketing of Breast-milk Substitutes and all subsequent relevant WHO resolutions.
a. TXBC does not police marketing in the global marketplace. TXBC does not monitor global changes in corporate ownership. TXBC does not determine if an entity is, or is not, compliant with the International Code of Marketing of Breast-milk Substitutes and all subsequent relevant WHO resolutions.
b. TXBC may seek advice or an opinion letter from an independent expert on matters of interpretation of the International Code of Marketing of Breast-milk Substitutes (such as the International Baby Food Action Network [IBFAN] or the National Alliance for Breastfeeding Advocacy [NABA]).
c. TXBC may request information from potential advertisers on their compliance status with objectives of the International Code of Marketing of Breast-milk Substitutes and all subsequent relevant WHO resolutions.
d. Advertising contracts negotiated prior to determination of noncompliance with the International Code of Marketing of Breast-milk Substitutes may be honored within a reasonable period of time, not to exceed one year.
e. Advertising contracts must include a cancellation clause based on noncompliance with the International Code of Marketing of Breast-milk Substitutes and all subsequent relevant WHO resolutions.
D. Non-Endorsement Policy
1. Advertising involving any TXBC media does not imply endorsement by TXBC of any program, product, or service.
2. Statements will be broadly published (e.g., in each issue of the JHL, on each page of the TXBC website, in conference media) declaring that acceptance and publication of advertisements does not reflect endorsement by TXBC.
3. No current or former officer of TXBC may use her/his office with TXBC to endorse any literature or product, but is free to do so as a private individual.
E. Any Advertiser accepted by TXBC must confirm (by print or electronic means) that:
1. It has obtained and will maintain adequate product liability insurance coverage relative to all products advertised.
2. It is authorized to publish the entire contents of the advertisement.
3. It has carefully reviewed the contents of the advertisement.
4. The advertisement is truthful and not misleading.
5. The advertisement does not infringe upon any intellectual property law right held by a third party.
F. TXBC reserves the right to decline or prohibit any advertisement, which, in its judgment, is inappropriate, contrary to, or inconsistent with its purposes or this policy. This reservation is all-inclusive as to persons, things, written matter, products, and conduct.
G. In consideration of TXBC’s acceptance of any advertisement, the agency and/or advertiser shall agree to indemnify and hold TXBC harmless, without limitation, from any loss or expense resulting from claims arising from the contents or subject matter of such advertisement.
H. Use of TXBC Member List
1. TXBC’s membership list can be rented for a one-time distribution as authorized by the executive committee of promotional, educational, or research-related literature that complies with the TXBC Advertising Policy, if the purpose may serve the membership’s interests and does not conflict with TXBC’s By-laws or policies. This can include:
a. Promotion of lactation-related educational offerings
b. Promotion of lactation-related products or services deemed by the Board of Directors to be of interest or use to TXBC members and their clients
c. Research that will benefit the lactation consulting profession and practice
2. The membership list includes TXBC members who have agreed to receive materials from third parties, and will be provided only to those who comply with TXBC’s Advertising Policy.
3. Those who wish to use the TXBC membership list must provide copies of all materials that will be disseminated, and must disclose any and all affiliations prior to approval. Mailing labels are available for one-time use only. Electronic distribution will also occur one time only. Failure to comply with this requirement will result in automatic rejection of future requests.
4. Those who use the TXBC membership list may not copy or retain the names or other contact information contained on the list.
I. Procedures to manage conflicts. For each interest disclosed to the President of the Board of Directors, the Chair will determine whether to: (a) take no action; (b) assure full disclosure to the Board of Directors and other individuals covered by this policy; (c) ask the person to recuse him/herself from participation in related discussions or decisions within the association; (d) ask the person to resign from his or her position in the association; (e) if resignation is refused, to initiate procedures for removal of that person from that position. TXBC’s Chair & Treasurer will monitor proposed or ongoing transactions for conflicts of interest and disclose them to the President of the Board of Directors in order to assess potential or actual conflicts, whether discovered before or after the transaction has occurred.
Meetings and other Conference Advertising Policies
A. TXBC’s regular meetings or any other conference offerings may include use of advertisements and exhibit hall displays provided that materials are consistent with this Advertising Policy. TXBC’s conference-related advertising applies to all promotional activities and materials produced by any person or entity in connection with any TXBC conference or workshop. This includes exhibits, displays, program inserts, program advertising, conference packets or samples, and commercial mailings.
B. TXBC will endeavor to assist potential advertisers to comply with its Advertising Policy. This includes educational information about TXBC’s Vision, Mission, Strategic Plan, and the International Code of Marketing of Breast-milk Substitutes and all subsequent relevant WHO resolutions.
C. The decision to contract with an exhibitor rests with the TXBC Board Chair and Officers, based on the recommendation of the International Code & Ethics Panel (ICE Panel).
D. All exhibit hall displays will be reviewed for violations of TXBC’s Advertising Policy prior to the opening of the hall, by the ICE Panel. Time will be allotted for exhibitors to make necessary corrections. Exhibitors must have their exhibit completed by the time specified, and exhibits must be staffed during the time designated for review.
E. Concerns about compliance with the TXBC Advertising Policy at the meetings/conferences/website/social media should immediately be brought to the attention of the TXBC Chair & Officers.