Nestlé's Ongoing Bribery Investigation in China

Lanzhou, Gansu Province, China
Business
Legal
Corporate Ethics
7 min read

Updated By: History Editorial Network (HEN)
Published: 
Updated:
In 2011, Nestlé became linked to a long-running investigation in China involving illegal access to personal data and bribery connected to the marketing of infant formula products. Authorities in Lanzhou, the capital of Gansu province, later alleged that Nestlé employees and hospital workers participated in a scheme to obtain confidential information belonging to pregnant women and new mothers in order to promote Nestlé baby milk powder products directly to families shortly after childbirth. According to Chinese court findings and media reports, the operation continued between 2011 and 2013. During that period, Nestlé sales personnel allegedly provided financial incentives and payments to medical staff in exchange for access to hospital databases containing sensitive patient information. Investigators stated that more than 120,000 records were illegally obtained, including names, telephone numbers, and childbirth related details of mothers and newborns. The information was then reportedly used for targeted marketing campaigns promoting infant formula products. The case drew attention because China had implemented regulations restricting infant formula promotion inside healthcare settings. China’s 1995 breastfeeding protection regulations prohibited medical institutions and healthcare workers from recommending or promoting breast milk substitutes in ways that could discourage breastfeeding. The allegations also raised concerns related to the World Health Organization’s International Code of Marketing of Breast-milk Substitutes, which discourages direct marketing practices targeting mothers through healthcare channels. After several years of investigation, Chinese courts prosecuted individuals connected to the case. In October 2016, six Nestlé employees and three hospital workers were convicted in Lanzhou for illegally obtaining and selling citizens’ personal information. Prosecutors argued that the data had been collected through bribery and unauthorized database access. The convicted individuals appealed, arguing that responsibility should fall on the corporation rather than employees individually. On 31/05/2017, the Lanzhou Intermediate People’s Court rejected the appeal and upheld the convictions. Prison sentences ranging from four to eighteen months were issued to those involved. Chinese media reports stated that the court concluded the actions constituted criminal violations involving personal data misuse and illegal commercial conduct. Nestlé responded by stating that the activities violated company policy and internal compliance standards. The company said it cooperated with Chinese authorities and emphasized that protecting consumer privacy and complying with local regulations were corporate requirements. The controversy emerged during a period of heightened scrutiny in China over infant formula marketing practices, food safety standards, and the handling of personal consumer information. Why This Moment Matters : The Lanzhou case highlighted growing enforcement efforts in China concerning medical privacy, commercial bribery, and infant formula marketing regulations. It also demonstrated how healthcare data misuse and aggressive marketing practices by multinational companies could trigger criminal investigations under both domestic law and internationally recognized public health standards.
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