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SMA convicted of illegally advertising baby milk

On 31 July 2003 at Birmingham District Magistrates Court, SMA Nutrition's parent company Wyeth was found guilty of illegally advertising SMA baby milk in UK parenting magazines.

Fining Wyeth/SMA £26,000 plus £34,808 costs, the judge concluded that "the defendants have deliberately 'crossed the line' in an effort to advertise direct to a vulnerable section of society. This is a cynical and deliberate breach of the regulations." He found that Wyeth/SMA had not exercised due diligence and that their Director had been "extra-ordinarily evasive throughout his cross-examination".

During the case, Wyeth/SMA challenged the UK Government's right to regulate the marketing of artificial baby milks. The case effectively outlaws similar advertisements by the other manufacturers active in the UK, whose promotions were also examined by the court.