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http://www.hfn-usa.com/articles/052705codex.html

 

The Fate of Vitamins

A low-profile organization created by the United Nations is about to

ban global trade of many essential nutrients—and there may be nothing

you can do to stop it

 

By Peter Byrne

 

Printer Friendly Version

If you use vitamin and mineral supplements for health, you might want

to fly over to Rome, Italy and crash the July 4-9 meeting of the Codex

Alimentarius Commission, a little-known international body that wields

immense power over the global food market. Should the Codex Commission

approve the Draft Guidelines for Vitamin and Mineral Supplements on

its agenda, 300 of the 420 basic vitamin and mineral products commonly

used by European consumers will be banned from manufacture and trade

inside the European Community.

 

The ban will seriously impact the export business of U.S.-based

supplement companies and could eventually result in similar product

restrictions being implemented here. The Codex story has received

almost no attention in the corporate press and media; although badly

garbled versions of the tale zing about in cyberspace, confusing many

readers with conspiracy-laden mixtures of fact and fantasy. Which is

not to blame the authors of these emails, since the Codex Alimentarius

(Latin for " food code " ) Commission is so pathologically bureaucratic

that its real intentions, and the probable consequences of its

actions, are difficult to discern when wading through thousands of

pages of jargon in its public reports. For example, it is not true

that over-the-counter vitamins and minerals will be banned in the

United States after August 2005.

 

There are so many self-interested players in the " L'affair Codex, "

that it is nearly impossible to get a straight answer about what it

all means from any single participant. It is possible to piece

together the basic story from public records, and by listening to what

the various interest groups have to say (with several tons of heavily

iodized salt). The bottom line of the story is that the emerging Codex

regulations on vitamins and mineral supplements have almost nothing to

do with promoting human health, and everything to do with facilitating

the profits of multinational food and chemical corporations.

The Five Major Codex Players

From the point of view of the American health consumer, there are five

major players: the Codex Commission, the European Parliament and the

Council of the European Union, the United Nations, the World Trade

Organization, and the U.S. Food and Drug Administration/U.S.

Department of Agriculture. All of these institutions are involved in

formulating rules and regulations to govern the production and

distribution of food supplements. It is easy to conflate their

separate, but related, institutional efforts. The fate of food

supplements is not dependent upon any one of these institutions, but

upon how they interact as a whole. The five organizations are working

syncretically to transform the supplements market, not in favor of the

consumer, but in favor of certain multinational corporations that

stand to benefit from the resulting restriction of trade under the

guise of promoting " free trade. "

The History of Codex and Their Guidelines

Codex was created in 1962 by the Food and Agriculture Organization of

the United Nations (FAO) and the U.N. World Health Organization (WHO)

to " harmonize " world food trade. The several hundred regular

" participants " at Codex meetings are drawn from the ranks of

government regulatory agencies; food, chemical, and pharmaceutical

corporations; industry trade groups; and non-profit " watchdogs " with

various political agendas. To date, Codex has established 250 sets of

rules regarding the manufacture and distribution of a variety of

foods, from sardines to peanuts to pineapples, and including food

additives and infant formula. (It is illuminating to learn that Codex

has approved the use of cyclamates and saccharine—artificial

sweeteners long banned in the U.S. as health risks—as well as

Monsanto's aspartame.) After more than a decade of wrangling over

political aims and technical details—far removed from the public

eye—the commission will likely approve the Draft Guidelines for

Vitamin and Mineral Supplements in July.

 

The Codex guidelines begin: " Most people who have access to a balanced

diet can usually obtain all the nutrients they require from their

normal diet. " Vitamin and mineral food supplements are defined as

concentrated forms of nutrients whose purpose is to supplement the

normal diet when the vitamin and mineral intake from food is

insufficient. From the point of view of universal healthcare, deciding

exactly which nutrients, and how much of each, constitute a " normal "

or a " balanced " diet is a large variable when attempting to prescribe

a single standard across hundreds of dietary cultures.

 

But Codex is not about health. The guidelines define the minimum level

of supplement use as 15 percent of the recommended daily allowance

(RDA) suggested by the manufacturer. Maximum levels of use, or upper

safe levels, are not to be calculated by reference to RDAs, but, and

this is important, by " scientific risk assessment " based on generally

accepted scientific data, taking into consideration, as appropriate,

the varying degrees of sensitivity of different consumer groups and

the daily intake of vitamins and minerals from other dietary sources.

 

The key phrase here is " scientific risk assessment. " This

investigatory technique is, according to many experts, more properly

reserved for testing safe usage levels for chemicals and substances

known to be inherently toxic or poisonous, not for evaluating

nutrients that are known to be generally safe as ordinarily ingested.

This emphasis in the guidelines, according to expert critics, closes

the door on the possibility of setting upper safe limits based upon

the benefits of using a particular nutrient. And by setting upper

limits based upon the sensitivity of the most sensitive group—say,

pregnant women who probably should not use a lot of Vitamin A—the

legitimate needs of the rest of the population for healthy doses of

Vitamin A are ignored; indeed, the masses may be forbidden to use more

Vitamin A than pregnant women, except, perhaps, by a doctor's

prescription. The " safe " upper limit paradigm is further driven

downwards by the admonition that it be reduced in accord with the

amount of, say, Vitamin A obtained from a normal diet. Under Codex,

labels will advise the consumer not to exceed the maximum daily

amount; and that the product " should be stored out of the reach of

young children, " (replacing a sentence in an earlier draft that

required containers to be child-proof).

 

The Codex Commission, which is composed of voting representatives of

most of the world's nations, has not yet set the exact maximum doses

for vitamins and mineral supplements, but it is looking to the

European Union Parliament, and other arms of the FAO/WHO for

" scientific risk assessment " guidance in that regard. And that is

basically all that the Codex guidelines say at this time.

Corporate Participants

It is instructive at this point to take a look at the American

participants at the Codex Commission, i.e. public and private sector

agencies, corporations, and organizations that actively participate in

the commission's deliberations and wield considerable influence upon

issues in which they are acknowledged to be " expert. " Staff from the

Dept. of Agriculture and the Food and Drug Administration represent

the official position of the United States at Codex meetings. They are

deeply involved in setting global standards, as are the staffs of food

and drug regulatory agencies in most industrialized countries. (Codex

funds " scholarships " for representatives from third world countries,

many of which lack any regulatory bodies, but are still subject to WTO

agreements and are affected by Codex regulations.)

 

From the corporate sector, official Codex participants include Amway

Corp., Wyeth Pharmaceutical Co., DSM Nutritional Products, Mead

Johnson Nutritionals, Bristol Myers Squibb Co., Nestle USA, Herbalife

International, and a trade group called the Council for Responsible

Nutrition (CRN). The latter's Web site features a " Myth vs. Facts " on

Codex, which, to be blunt, is a self-serving spin that underplays the

negative ramifications of the guidelines on mom & pop supplement

businesses. CRN's membership includes Archer Daniels Midland Co.,

Cargill Health & Food Technologies, Bayer Corp., Wyeth Consumer

Health, Weider Nutrition International Inc., Shaklee Corp.,

Nutraceutical Corp., Herbalife International of America, Kemin Foods,

General Nutrition Centers, Inc., Cadbury Adams USA LLC, DSM

Nutritional Products, Eastman Chemical Company, Mingtai Chemical LLC,

and Monsanto Life Sciences Company. (A number of these corporations

have several voices at the meetings, since representatives of

corporate subsidiaries sit alongside participants from their parent

companies. And corporate-funded lobby groups have separate voices.)

 

CRN had this to say about the Draft Guidelines—which it helped to

write and of which it approves: " We in the industry have long

maintained that maximum levels set by Codex or governments for

contents of vitamins and minerals in supplements should be based

solely and completely on safety, not on nutritional policy in general

or the RDA in particular. " It is instructive that the chemical

formulations for naturally-occurring vitamins and minerals are not

patentable, unlike pharmaceutical formulas. And the supplement market

is huge—$16 billion a year in the U.S. alone. It easy to presume that

pharmaceutical, chemical and agricultural concerns are working to grab

market share through the back door: Codex.

Public Interest Groups

On the other side of the corporate interest equation, in theory, is

the Washington D.C.-based Center for Science in the Public Interest,

which along with sister non-profits from Japan and the United Kingdom

has official status in the Codex proceedings. CSPI is funded by social

engineering projects such as the Rockefeller Family Fund, John Merck

Fund, and the Robert Wood Johnson Foundation. A spin-off from Ralph

Nader's public interest organization, CSPI claims that Vitamin A,

Vitamin D, and Vitamin B6 cause a host of horrible diseases. The

non-profit, which is a quote mill for The New York Times reporters,

pooh-poohs the common understanding that a variety of foods and

supplements are healthy, such as soy, Vitamin C, antioxidants, and

dietary fiber. To back-up its ultra-precaution, CSPI refers to

media-ballyhooed studies of antioxidants and Vitamins A & E which

purport to show that these substances are bad for health. (Experts at

Harvard Medical School and Tufts University say that these studies are

deeply flawed, largely because they were focused upon particular

at-risk sub groups, and did not take the needs of general populations

into account.)

 

CSPI's stance supporting restrictive standards for vitamin and

minerals undercuts the usefulness of an otherwise fine

environmentalist tool, the Precautionary Principle, by taking the

position that since a vitamin could cause harm to relatively small

groups of people if improperly used, it is permissible to ban it

universally, regardless of its obvious and well-documented benefits

for millions of people.

 

Further complicating the mix of opinion massaging the medium is the

Hoover Institution, which has taken the position that Codex

regulations hurt " free trade, " (a loosely defined, if politically

useful concept that is most often employed to justify the expansionist

agendas of monopoly corporations). And the Center for Consumer

Freedom, a restaurant trade association set up to counter " food police

lies " about the dangers of tobacco, olestra, trans fats, and obesity,

frames Codex as the " global food cop. " Neither of these two

organizations participate in Codex.

Institute of Medicine

And then there is the Institute of Medicine (IOM), a quasi

governmental body based in Washington D.C. that performs scientific

studies on spec from government and private companies. It is under

U.S. government contract to develop standards for vitamins and

minerals that reflect the standards being considered by Codex. From

the point of view of the scientific establishment, IOM is no

lightweight; it is very influential at the FDA, and inside the

Codex/WTO complex.

 

A series of IMO studies over the past half-decade assert that high-fat

diets lead to obesity and heart disease; that omega-3 fatty acids and

linoleic acid are good for health; and that there is no safe level of

consumption of trans fatty acids. (Codex regulations, on the other

hand, allow for trans fats in food, and consider meat to be a source

of dietary fiber!) A 2000 IOM report found that Vitamins C and E and

the mineral selenium are health-positive, but that ceilings should be

set on their usage. IOM believes that antioxidants can be beneficial.

It suggests daily intakes of 75 milligrams of Vitamin C (upper level

2,000 milligrams); 22 IU of natural Vitamin E from food (upper level

1,500 IU of a synthetic variety); 55 micrograms of selenium, (upper

level 400 micrograms). Beta Carotene supplementation, IOM says, should

only be used to prevent Vitamin A deficiency. Pregnant women should

take B vitamins, such as folate and choline to prevent neural tube

defects. IOM posits that most Americans get sufficient Vitamin B12 in

their food, except for people over 50 who should use supplements. IOM

says there is promising evidence that B vitamins play a role in

reducing cardiovascular disease, cancer, and psychiatric disorders.

The Institute recommends upper levels of B6 at 100 milligrams per day;

folic acid at 1,000 micrograms; and being wary of the rest of the B

vitamins.

 

On the one hand, IOM has a higher regard for the health benefits of

supplements than does Codex officialdom, which is focused upon risk.

On the other hand, IOM is tending in the opposite direction of many

knowledgeable health practitioners who typically recommend larger

doses. For example, the medical doctors and nutritionists staffing

Santa Rosa, California-based Farmacopia suggest, based on numerous

studies and years of practice, a daily Vitamin C intake of 500-1,000

milligrams; Vitamin E intake of 400-800 IU; Vitamin A intake of

2,500-5,000 IU; Beta Carotene at 15 milligrams; and regular doses of

the B vitamins, depending on need. Farmacopia's well-researched

protocols spell out possible dangers from overdosing, such as nausea,

diarrhea, and fingernail loss. However, they do not throw out entire

nutrient groups, or suggest upper limit doses for whole populations

based upon possible dangers to the most at-risk groups.

 

In reality, IOM's protocols are closer to Farmacopia's than to the

more restrictive protocols supported by the ultra-precautionary forces

at the Codex Commission. And this is, in part, because the IOM studies

were funded by many of the same multinational corporations that are

monitoring the Codex deliberations to make sure that government and

non-profit bureaucrats do not go too far and end up liquidating the

marketability of their supplement products. The IOM studies referred

to above were funded not just by the U.S. Dept. Health and Human

Services, but also by a variety of companies with varying degrees of

interest in influencing Codex to set dose limits favorable to their

respective business plans. These include Daiichi Fine Chemicals Inc.,

Kemin Foods Inc., M & M/Mars, Mead Johnson Nutrition Group, Nabisco

Foods Group, Roche Vitamins Inc., U.S. Borax, and Weider Nutrition

Group. The FDA, as we shall see, is now moving in the opposite

direction of the less-restrictive IOM recommendations. It funded a new

IOM study, the results of which reflect that sea-change in supplement

policy.

 

Codex is nothing if not complicated. Its deliberations are fraught

with competition and collusion by profit-driven companies and the

non-profits that they fund to promote particular ideologies to justify

particular business aims. Everybody at Codex is focused on grabbing

the brass ring: as much market control as they can pinch off for

themselves and their allies by tailoring the standards to fit their

marketing needs. At stake in all the studies, discussions, political

games, legal maneuvers, and media manipulation is nothing less than

the determination of which vitamins and minerals end up on the

" positive list, " i.e. an exclusive list of approved dietary substances

that spells life and death for any number of global product lines.

The Positive List

On April 5, 2005, the Alliance for Natural Health, an association of

health food manufacturers and distributors in the United Kingdom

announced a victory before the European Court of Justice in Luxembourg

in the form of an opinion by Advocate General Geelhoed. The opinion

will probably be adopted by the full court in June. The Alliance's

victory, however, is likely to prove minor and temporary.

 

Here is the gist of the case. As of August 2005, dietary supplements

in the European Union will be regulated by the Food Supplement

Directive approved by the European Parliament and the Council of the

European Union in June 2002. The directive calls for regulating

vitamins and minerals by establishing a " positive list, " which, in its

current incarnation, includes 13 vitamin forms and 15 mineral forms.

Nutrients not on the list will be banned from being sold in the EU.

The approved substances are broken down by chemical composition,

favoring synthetic compounds of natural forms, according to the

Alliance for Natural Health. Substances not on the list include

several forms of Vitamin C, natural forms of folic acid, certain

antioxidants, and a range of minerals including boron, vanadium,

silicon, mixed tocopherols, tocotrienols, sulphur, chelated/plant

derived forms and natural forms of Vitamin E and selenium. Based on

the positive list, the EU directive will effectively ban 300 of the

420 forms of vitamins and minerals present in 5,000 products currently

on the UK market.

 

In response to the Alliance's lawsuit, the judge recommended

invalidating the EU directive, but he upheld the concept of using a

positive list to shape international markets, and he urged EU

officials to correct what amounts to technical glitches in the wording

of the directive, so that the positive list can be effectuated this

summer.

Will the Existence of the Positive List Affect the American Market?

Undoubtedly, and here is how. First, in and of itself, the positive

list will prohibit the importation of excluded substances and products

into European Community markets. Second, the list is sure to be

incorporated into the Codex guidelines for vitamins and minerals. That

is because Codex is mandated to look to " accepted international

standards " to determine which substances are allowed and not allowed

and at what doses. It is widely accepted by informed observers that

Codex will adopt the EU directive's positive list as its own standard,

since there is no other internationally accepted standard.

 

In order for a nutrient substance to be added to the positive list, a

comprehensive risk-assessment study must be performed, with favorable

results submitted to the Office of the EU Communities by July 12,

2005. Even then, it can only remain on the positive list until 2009.

These expensive scientific studies can only be undertaken by

governments or corporations with deep pockets. In sum, the EU

directive will likely destroy any European health supplement business

which produces or sells commonly accepted vitamin and mineral products.

 

As for upper limit doses, the Codex Commission is looking to adopt the

specifications of a study conducted by the FAO/WHO and various

parties, including the Alliance for Natural Health. The study will set

upper limit supplement dosage levels in the near future; and those

standards, which will be based upon risk-assessment values, not health

benefits, will be incorporated into the Codex Alimentarius regulations.

 

What does this mean for American consumers? Last year, the IOM, under

contract with the FDA, issued a report called the Proposed Framework

for Evaluation of Dietary Supplements. The report shifts IOM's

previous focus upon health benefits to focus on scientific risk

assessment. As in the Codex Guidelines, and the EU directive, IOM's

report calls for safety issues to be considered as if there are no

health benefits attached to the use of a vitamin or mineral.

Furthermore, it recommends a method of setting maximum doses that may

end up separating out ordinary usage (at relatively low levels) from

prescriptive use (i.e., only medical professionals will be authorized

to prescribe supplements above certain dosages in the course of

medical interventions). And, as does Codex, the IOM report recommends

putting the burden of supplying safety data upon industry—a strategy

that has been proven not to work—see Merck's murderous mendacity about

Vioxx.

The Argument for Codex

The FDA and several large US manufacturers, like DSM Nutritional

Products, and Herbalife International, argue that the EU positive list

directive and its doppelganger, the Codex guidelines, will not affect

the ability of American consumers to use high doses of any supplement

they wish to consume because the Codex guidelines and the EU directive

are more restrictive than the Dietary Supplement Health and Education

Act of 1994 (DSHEA); and the FDA is not adopting the positive list and

its presumed low dosage standards, per se. In other words, American

consumers will still be able to import European supplements because

those products will be lower dosed than the current unlimited dosage

levels allowed in the U.S. However, American supplement manufacturers

and distributors will be locked out of the European regional markets,

and the local markets of any country that adopts the Codex standards

in order to benefit from trade with Europe.

 

Let us not forget that the same American corporations that sit on the

Codex Commission as participants also wield tremendous power within

the FDA and Congress. Above all, these corporations want access to—and

exclusive control of—existing and emerging markets. For DSM Nutrition,

for example, the Codex restrictions bring multiple benefits. They kill

off small competitors, for all the reasons listed above, and also

facilitate the development of two-tiered supplement products, a low

dose vitamin for over the counter purchase, and a high dose, more

expensive item for prescriptive use. Supplement users stuck in a

Codex-controlled market will no longer be able to legally supply

themselves with nutrients and doses of their own choosing; rather,

they will be captive to the monopolies.

 

In March, the FDA observed that, " The absence of science-based Codex

guidelines [in America] could adversely affect the ability of U.S.

manufacturers to compete in the marketplace. " This is true because the

trade ministries of countries that adopt the Codex standards will

repel non-Codexed products. But what the FDA did not say is that

European supplement companies will no longer be able to compete in the

U.S. market, because their products will be inferior to American

products by fiat. And that phenomenon, under the WTO treaties that

prohibit a government from " artificially " restricting " free trade, "

could hypothetically be construed to mean that our relatively loose

FDA regulations " unfairly " restrict the ability of European producers

to export to the American market, potentially forcing, under the WTO

treaties, Congress to adopt Codex standards to facilitate " free

trade. " Whether or not it falls out like that, it is clear the FDA is

moving under its own steam toward cloning the emerging Codex

standards, which it helped to develop as a leading participant in

commission deliberations.

A Brief Summary

To sum up so far: the Codex Commission is mostly composed of corporate

officials from the agribusiness, pharmaceutical, and chemical

industries, and government officials that " regulate " those industries

(often after or before working for those same privately-owned

industries). Codex is poised to adopt a " scientific risk assessment

standard " for evaluating vitamins and mineral food supplements. Due to

the use of that method of analysis, as opposed to a " risk-benefit "

analysis method, the Codex standard will likely incorporate the

positive list of the EU directive. It may adopt upper dosage limits

that are lower than RDA doses currently available in ordinary

supplements. (Higher doses may later be regulated as prescription-only

drugs.) In Europe, hundreds of relatively small supplement

manufacturers and distributors fear that the new Codex restrictions

will annihilate their businesses—leaving the field open to

corporations that can afford the expense of having proprietary,

synthetic supplements added to the positive list through 2009, long

enough, perhaps, to ensure domination of a drastically reshaped market.

 

The Codex restrictions ensure that the quantity and quality of

supplements that can be imported by the European market from America

will diminish. But in the U.S. there is a government-corporate

propaganda campaign dedicated to assuring American consumers and small

supplement producers that they are in no danger of ending up like

their European counterparts. Large companies such as Herbalife

International say that anyone who suggests that Americans will lose

access to supplements is plying " misinformation. " The company goes so

far as to tell its international network of distributors that

corporate HQ represents them at Codex meetings, and they will be told

when, if ever, to open their mouths. In July 2003, the Consumers Union

hailed the scientific risk assessment standards of Codex. American

Herbal Products is slightly more perspicacious. This trade association

recognizes that the WTO can, at least in theory, push the Codex

standards upon Americans.

Why Is There Confusion About Codex?

One of the reasons that U.S. trade associations and consumers are

confused about Codex—and why pro-Codex lobbyists, such as the FDA and

the CRN, can dismiss the legitimate concerns of consumers as

conspiracy theories—is because, due to the complexity of the

bureaucracy at work, people have conflated the Codex Guidelines (which

has no positive list, nor an upper dose limit, yet) and the EU

directive (which does have a positive list, but no upper dose limit,

yet). Reading the FDA's or CRN member's barrage of disclaimers about

the negative impact of Codex upon the U.S., one is struck by the

shared mantra that compliance with Codex is " voluntary, " when, in

truth, non-compliance may result in trade sanctions or expulsion from

the WTO. Another popular phrase that pops up in the campaign,

" science-based risk assessment, " sounds nice until you realize it is a

technique more aptly applied to arsenic or cyclamates, than to Vitamin

E, which has known benefits, (as well as some risk if used improperly).

 

The fact that too much of a good thing can cause harm has been blown

out of proportion by Codex proponents. For instance, a study of the

effects of Vitamin E upon smokers and cancer victims has been widely

publicized as " proving " that the vitamin has no positive effect on

health (and may result in death); whereas dozens of unpublicized,

scientifically-superior studies show that Vitamin E has many benefits

(and that the negative study was deeply flawed). Or take the case of

the amino acid, L-tryptophane, demonized a few years back after a

genetically-engineered batch manufactured in Japan was fatally

contaminated. Instead of questioning the efficacy of genetic

engineering as a manufacturing strategy, or the wisdom of replacing

natural substances with synthetic, proprietary goop, the

pharmaceutical-regulatory establishment attacked L-tryptophane in all

of its forms, many of which are beneficial. Underlying all the public

relations blather, and reams of subjectivized, financially compromised

studies, is the fact that world trade in food supplements is being

restricted and transformed for the worse under the guise of

eliminating trade restrictions and promoting health.

Enter the WTO

Contrary to rumor, Vitamin C will not be banned in the U.S. in August.

But some forms of it will be banned in the EU; and a similar ban could

eventually appear in the U.S., although that event is not inevitable.

On the other hand, it will be much more difficult for ordinary

consumers to stop this eventuality than it was for them to affect

DSHEA, which was transformed by consumer pressure from a restrictive

measure into its opposite. In fact, the very existence of DSHEA is

used by Codex proponents as " proof " that the U.S. is protected against

Codex, because DSHEA is " less restrictive " than Codex and the EU

directive. That is hollow reassurance.

 

DSHEA is a malleable act of Congress, subject to constituent pressure.

The implementing force of Codex—the WTO—is based upon an international

treaty to which the United States is a party. And the WTO does not

care a fig for people's health concerns. It is designed to manipulate

the formation and deformation of trade barriers in favor of the

strongest monopolists.

 

Here is how it works. The WTO derives its power to regulate

international trade through treaties. In the age of the political,

cultural, and economic dominance of multinational corporations, it

acts as a kind of clearing house, or court of last resort, to settle

trade disputes short of war. In theory, the WTO is concerned that no

country favor its own exports by placing " unfair " restrictions upon

competing imports.

 

Run by and for the interests of large industrial and financial

enterprises, the WTO views " harmonization " of food standards as

promoting " free trade. " Unfortunately, free trade as conceptualized

and actualized by the dominant WTO members (United States, European

Union, Japan) is not about leveling the playing field so that small

producers or underdeveloped countries can compete with the big guys.

It is about ensuring that the most powerful corporations can continue

to grow, eating up the small fish and expanding into new markets in

both industrialized and industrializing economies. It is about

maximizing the extraction of profit for stock-holders, as opposed to

maximizing the health or economic well-being of a population.

 

To that end, WTO members have agreed to abide by the Agreement on

Sanitary and Phytosanitary Measures (SPS), and the Technical Barriers

to Trade Agreement (TBT), which mandate that no country will impose

unfair barriers to trade, and that they will work to harmonize

regulations that affect trade by abiding by international standards,

or face trade sanctions. In theory, this could mean that the United

States, by allowing the internal sale of substances and supplement

doses that are disallowed in Europe is, in effect, imposing a barrier

to the " free trade " of EU supplements, since consumers are less likely

to buy products that are diluted by Codex restrictions. And the FDA,

which is clearly controlled by the pharmaceutical and agribusiness

sector, is in the process of harmonizing the internal market, partly

through the scientific auspices of the IOM, in a way that parallels

the EU Community and Codex processes. From the perspective of the WTO,

it is not harmonious to have one relatively unrestricted supplement

market, governed by DSHEA, surrounded by a more restricted world

market bound under Codex. Since it is, when all is said and done, in

the interests of the WTO movers and shakers to carve up the food

supplement market amongst themselves, while excluding small producers,

it is likely that the movement to mirror the Codex restrictions in

America will continue. And should that fail, the SPS and TBT treaties

ensure that legal actions can be mounted by European governments at

the WTO level to compel the U.S. to toe the Codex line, or pay the

price of non-compliance.

 

(It is important to note that food and food supplements are only one

area of commerce that the WTO and the United Nations are attempting to

harmonize. Ultimately, world trade will increasingly fall under the

spell of monopoly as commodities become uniformly regulated in

conformance with the Neoliberal economic doctrine [the so-called

" Washington Consensus " ] that currently prevails in the White House, at

the United Nations Security Council, and inside the WTO.)

The Irony of the Situation

The ultimate irony, some might say horror, of the situation is

highlighted by looking at a joint report by the FAO/WHO issued in

2003, Diet, Nutrition and the Prevention of Chronic Disease. This

impeccably researched, enormously valuable study—performed by other

arms of the same organizations that administer Codex—finds that the

health of Third World populations is being destroyed by importing the

First World diet, which is heavy in saturated fats, trans fats,

unrefined carbohydrates and sugar, meat, dairy, while lacking in

vegetables, fruits, and dietary fiber. This unhealthy diet, says the

FAO/WHO, is spreading around the globe " like an infectious disease. "

 

Without mentioning Codex, the report implicitly damns the commission's

methods and its guidelines for vitamins and minerals. For example, the

report notes that " [Food] guidelines should try to ensure that the

overall benefit of recommendations to the majority of the population

substantially outweigh any potential adverse effects on selected

subgroups. " In other words, upper dosage limits for supplements should

be set to benefit the population as a whole, not calculated, say, on

the potential for excessive intake of Vitamin A to harm a fetus.

 

" Population nutrient goals recommended by FAO/WHO [should be] tailored

to local or national diets and populations [to] reverse or reduce

impact of unfavorable dietary changes occurred over the past century

[and in] developing countries recently. " Of course, the WTO is not

about to base trade rules on health issues. Rather, with the

assistance of the International Monetary Fund and the World Bank,

Third World markets are being inundated with fast and processed

foodstuffs, even as their trade balances are undermined by the

importation of meat, dairy, sugar and refined grain. In short, the

natural economies serving billions of people are being turned to dust

by transnational agribusiness, which, in taking over local food

industries and promoting bad diet, cause the need for vitamin and

mineral supplements to increase at the very moment that the

population's ability to access natural pharmacopeias is being

curtailed by Codex's profit-maximization scheme. The rise of

diet-related chronic disease is good business for biotech corporations

such as Cargill that sell food and food ingredients while positioning

themselves to market cancer cures, cardiovascular drugs, and dietary

food supplements.

 

Regarding upper dosage limits for supplements, the FAO/WHO report

observes, " Seldom is there a single 'best value' [instead] there is

often a range of population averages consistent with maintenance of

health … the recommended dietary/nutrition practice should modify the

attributable risk of the undesirable exposure in that population. " In

other words, national-level regulations can best serve the needs of

national populations. And responsible labeling practices protect

consumers by informing them about the dangers of over-dosing.

 

The FAO/WHO study advises eating fruits and vegetables, shying away

from red meat, saturated fat, and refined sugar, while exercising

regularly, and avoiding television. It promotes the use of vitamins

and minerals (including substances excluded from the EU directive's

positive list) for fighting cancer, cardiovascular disease, diabetes,

and the other ills that come from eating nutrient-stripped,

flavor-added " food. " Which brings us back to the opening sentence of

the Codex Guidelines: " Most people who have access to a balanced diet

can usually obtain all the nutrients they require from their normal diet. "

Conclusion

Clearly, most people, even in America, do not have access to a

balanced diet and the nutrients they require. Supplements are one way

of alleviating the symptoms of a globalizing problem that can only be

solved by an epochal transformation of the planet's political economy.

It is not just irresponsible for the Codex Commission to throttle the

global market in food and food supplements when 2.8 billion people are

forced to live on less than two dollars a day; it is malign.

 

But even in the world's most over-consuming society, corporate

domination of the food and drug supply is wreaking havoc. As reported

in the Journal of the American Medical Association, and elsewhere,

food-borne diseases contribute to approximately 76 million illnesses,

323,000 hospitalizations, and 5,200 deaths in the United States alone

each year, while properly prescribed and administered prescription and

over the counter drugs are estimated to cause annually 2.2 million

serious adverse events, and some 106,000 deaths in the United

States—while " regulators " sit by idly. The normal use of vitamins and

minerals, on the other hand, is not a death sentence.

 

© 2005 Peter Byrne. Peter Byrne is an award-winning investagative

journalist. He hangs out at www.peterbyrne.info

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