The court ruled the Department of Health (DOH) overstepped its powers in instituting a ban, and will not enforce the ban unless the Milk Code is changed, by law. Chief Justice Reynato Puno, in a separate concurring opinion, said the absolute ban on advertising is "unduly restrictive" and "more than necessary" for government's interest of promoting the health of infants and young children.
"It ought to be self-evident that the ads of such products which are strictly informative cut too deep on free speech," Puno said. "The laudable concern of the respondent (DOH) for the promotion of the health of infants and young children cannot justify the absolute, overarching ban."
The Pharmaceutical and Health Care Association of the Philippines, in a petition to the tribunal, said the ban is not found in the Milk Code and thus beyond the code's provisions. The Milk Code was passed with the cooperation with the milk industry to regulate the use of breast milk substitutes.
A United Nations Children's Fund (UNICEF) spokesman in Manila said the organization was disappointed by the decision. It supported the ban together with the World Health Organization (WHO), the Philippine Star reported. WHO regional director Shigeru Omi has said failure to breastfeed leads to the deaths of 16,000 children in the Philippines each year.
