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PRESS RELEASE

 

 

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>>> >For immediate release

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>>> >5 April 2005

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>>> >

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>>> >ADVOCATE GENERAL FINDS FOOD SUPPLEMENTS DIRECTIVE INVALID UNDER EU

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>>> >LAW

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>>> >

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>>> >ALLIANCE FOR NATURAL HEALTH SET TO WIN ITS LANDMARK CHALLENGE TO THE

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>>> >EU FOOD SUPPLEMENTS DIRECTIVE

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>>> >

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>>> >There was tremendous news today for the millions of people in Europe

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>>> >who choose to use food supplements. Following a landmark challenge in

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>>> >the European Courts of Justice (ECJ) brought by the Alliance for

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>>> >Natural Health and Nutri-Link Ltd to the contentious Food Supplements

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>>> >Directive, which effectively proposed to ban 75% of vitamin and

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>>> >mineral forms, Advocate General Geelhoed, the senior adviser to the

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>>> >ECJ, gave his Opinion in favour of the Alliance's case.

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>>> >

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>>> >What does this mean? That the chances of consumers being able to

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>>> >continue using the natural food supplements they believe are

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>>> >beneficial to their health are now greatly increased. There has been

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>>> >uproar about the proposed EU ban, and maybe, against the odds, the

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>>> >consumer is going to come out on top in what is a remarkable modern

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>>> >day case of David and Goliath.

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>>> >

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>>> >In a statement released in Luxembourg today at 0830 GMT, the Advocate

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>>> >General concluded that:

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>>> >

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>>> >The Food Supplements Directive infringes the principle of

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>>> >proportionality because basic principles of Community law, such as

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>>> >the requirements of legal protection, of legal certainty and of sound

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>>> >administration have not properly been taken into account.

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>>> >It is therefore invalid under EU law.

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>>> >It should be stressed that the Advocate General's pronouncement is

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>>> >not a ruling. That will come from the ECJ judges, later - probably

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>>> >around June. But typically, in the vast majority of cases, the Court

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>>> >Judgment follows the recommendations of the Advocate General.

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>>> >

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>>> >If the Advocate General's recommendations are adopted, in effect, the

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>>> >ban on vitamin and mineral forms not included on the EU's 'Positive

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>>> >list,' due to come into effect on 1 August 2005, will be declared

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>>> >illegal. In essence, the positive list of allowable nutrient forms

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>>> >will be deemed to be too narrow, too restrictive, and based on flawed

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>>> >science.

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>>> >

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>>> >This would avoid the totally irrational situations that the Food

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>>> >Supplements Directive would otherwise create. For example,

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>>> >synthetically produced selenium would have been allowed on the

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>>> >positive list, while the natural source found in Brazil nuts would

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>>> >not; synthetic forms of Vitamin E (often used in 'adverse'

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>>> >vitamin studies reported in the media) would be allowed, but the

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>>> >natural, most beneficial food forms would not.

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>>> >

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>>> >An outstanding moment for the Alliance for Natural Health

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>>> >

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>>> >The Alliance for Natural Health (ANH) is a Europe-wide professional

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>>> >organisation dedicated to ensuring that good science and good law are

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>>> >applied to regulation affecting the leading edge of natural health.

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>>> >If the Advocate General's recommendations are endorsed by the ECJ

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>>> >judges, it will represent the culmination of three years dogged

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>>> >determination, dedication and hard work on the part of ANH and its

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>>> >many supporters around the world.

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>>> >

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>>> >'It is commendable that the EU Advocate General has seen through the

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>>> >flawed science and law of the Food Supplements Directive and reached

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>>> >his recommendations today,' said Dr. Robert Verkerk, Executive

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>>> >Director of the ANH. 'All that ANH is campaigning and working

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>>> >cooperatively for is the right for consumers to have access to safe

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>>> >natural healthcare and for legislation to be based on good science

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>>> >and good law. This is a great day for the tens of millions of people

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>>> >who believe passionately in the benefits of natural, preventative

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>>> >healthcare.'

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>>> >

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>>> >David C. Hinde, Solicitor and ANH Legal Director, added: 'This is a

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>>> >very significant Opinion in a landmark case. What we want to see in

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>>> >the EU is the Food Supplements Directive doing the job for which it

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>>> >was created which is to provide a " safe harbour " for food supplements

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>>> >so that they are not classified as drugs, and to promote their

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>>> >availability across the EU.

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>>> >Advocate General Geelhoed is the most senior Advocate General at the

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>>> >ECJ and his considered reasoning vindicates ANH's legal analysis and

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>>> >position. We are very optimistic that the Court will adopt his

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>>> >recommendations.'

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>>> >

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>>> >Supporting safe supplements

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>>> >

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>>> >ANH supports many aspects of the Directive, and firmly endorses the

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>>> >banning of ingredients that are patently not safe, stating that

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>>> >existing UK and EU food law already provides perfectly effective

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>>> >protection from unsafe products getting onto the market. Furthermore,

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>>> >ANH says that it is not scientifically rational to classify an

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>>> >ingredient as being unsafe without taking dosage levels into account,

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>>> >something that was not a condition of being admitted onto the

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>>> >positive list.

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>>> >

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>>> >ANH believes that a far more appropriate system for banning any

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>>> >substances that might pose a risk to health would be to produce a

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>>> >'Negative list' for ingredients where there was proper evidence of

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>>> >lack of safety. The system proposed by the EU was going to ban

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>>> >ingredients on the basis that companies did not have the financial

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>>> >capacity to meet the high data threshold required for the scientific

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>>> >dossiers demanded by EU authorities. In this way, ingredients that

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>>> >have been part of the human diet for thousands of years, and which

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>>> >are increasingly difficult to derive from conventional foods, would

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>>> >be lost, and would not be able to be supplemented.

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>>> >

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>>> >The future of the leading edge of natural health secured

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>>> >

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>>> >Drawing its support European-wide from consumers, manufacturers,

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>>> >retailers, practitioners and some of the leading experts in

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>>> >nutritional medicine, ANH has taken on the Goliath of the European

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>>> >Commission and those that support the unscientific and unlawful ban

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>>> >in the Food Supplements Directive, to protect the interests of

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>>> >everyone concerned with the leading-edge of food supplements and

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>>> >natural healthcare.

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>>> >

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>>> >'None of the major EU countries felt the need to oppose our

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>>> >application for a declaration that the ban on vitamins and minerals

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>>> >in the Food Supplements Directive was unlawful,' added Anthony

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>>> >Haynes, Technical Director of Nutri-Link Ltd., a UK food supplements

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>>> >company that brought the legal challenge jointly with ANH. 'It's

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>>> >bizarre how this regulation got this far.'

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>>> >

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>>> >A wide welcome across the industry if the ban is overturned

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>>> >

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>>> >Greg Watts, Chief Executive of Ultralife, a manufacturer of

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>>> >leading-edge food supplements,

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>>> >said: 'This is very encouraging news. If the ban came into force we

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>>> >would have to reformulate down to simpler, more basic products that

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>>> >consumers and practitioners find are less effective.'

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>>> >

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>>> >Dr Damien Downing, a medical doctor and one of the UK's leading

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>>> >practitioners in nutritional medicine, said: 'Practitioners of

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>>> >nutritional therapy, and there are thousands of them in the UK,

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>>> >largely use leading-edge food supplements.

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>>> >If these nutrient forms remain, we can continue to treat our patients

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>>> >with meaningful solutions and provide the products that we know are

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>>> >so beneficial. A ban would in one fell swoop remove the vital tools

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>>> >of practitioners' trade.'

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>>> >

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>>> >Sara Novakovic, owner of Oliver's Wholefood Store in Richmond,

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>>> >Surrey, said: 'At last it is now highly likely we can continue to

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>>> >offer the products that our customers ask for and want, rather than

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>>> >have to remove them all from the shelves for no good reason and

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>>> >supply them with inferior quality alternatives.'

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>>> >

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>>> >The end of the beginning

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>>> >

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>>> >This is just the beginning for the Alliance for Natural Health.

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>>> >Regulatory and industry pressure through the EU Food Supplements

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>>> >Directive was always likely to translate globally, particularly to

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>>> >the US, through Codex and the World Health Organisation. Without

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>>> >having to justify any health hazard, and without considering any

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>>> >benefits, safety has been used as a reason to restrict the

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>>> >availability of natural food products.

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>>> >

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>>> >'Yet food supplements are the safest things that people put into

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>>> >their mouths - considerably safer even than conventional foods', said

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>>> >Dr Robert Verkerk. 'With rapidly declining vitamin and mineral

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>>> >content in fruit vegetables and other foods, and continuing increases

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>>> >in degenerative diseases such as heart disease and cancer in the

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>>> >West, this has always been a very big issue worth fighting for.'

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>>> >

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>>> >'Fundamentally, an amended Directive would help to slow down the

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>>> >agenda of the Codex Alimentarius Commission to export worldwide an

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>>> >onerous, EU-style regime for food supplements.'

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>>> >

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>>> >David Hinde added. 'The ANH is now going to be working on getting a

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>>> >proper procedure in place for the Food Supplements Directive and in

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>>> >addition, the next challenges will be on legislation proposing to

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>>> >reduce dosages to ineffective levels, and to restrict other nutrient

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>>> >forms such as amino acids, enzymes and plant nutrients. Traditional

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>>> >herbal remedies are also under threat. In its work, the Alliance for

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>>> >Natural Health will continue its thorough, professional approach

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>>> >based, as always, on 'good science, good law.'

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>>> >

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>>> >ENDS

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>>> >

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>>> >For enquiries and further information contact:

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>>> >

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>>> >Alliance for Natural Health

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>>> ><HYPERLINK

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" http://www.alliance-natural-health.org/ " http://www.alliance-natural-health.

org/>www.alliance-natural-health.

 

 

>>> >org

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>>> >

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>>> >Dr Robert Verkerk, Executive Director

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>>> >Tel. +44 (0)1252 371 275

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>>> >E-mail:

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>>> ><HYPERLINK

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" robv " robv@alliance-natural-health

..org>robv@alliance-natural-health

 

 

>>> >.org

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>>> >

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>>> >David C. Hinde, Solicitor, Legal Director

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>>> >Tel: +44 (0)20 7738 1640

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>>> >E-mail:

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>>

>

>

 

>><HYPERLINK

>

>

" davidh " davidh@alliance-natural-he

alth.org>davidh@alliance-natural-heal

 

 

>>th.o

>

>

 

rg

 

 

>>> >

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>>> >IKON Associates

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>>> >(PR advisers to the Alliance for Natural Health)

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>>> >

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>>> >Adrian Shaw

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>>> >Tel: +44 (0)1483 535102

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>>> >Mobile: +44 (0)797 990 0733

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>>> >E-mail:

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<HYPERLINK

" adrian " adrianadrian@ik

onassociates.com

 

 

>>> >

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>>> >Paul Donkersley

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>>> >Tel: +44 (0)1483 535101

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>>> >Mobile: +44 (0)796 764 6046

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>>> >E-mail: <HYPERLINK

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" paul@ikonassociates " paul@ikonassociates>paul@ikonassociates

 

 

>>> >

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>>> >Notes for editors:

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>>> >

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>>> >1. The Alliance for Natural Health is a

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>>> >Europe-wide association of manufacturers, distributors, retailers,

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>>> >consumers and complementary practitioners who have an interest in

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>>> >food supplements. More information, including details of members,

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>>> >will be found at

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>>> ><HYPERLINK

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" http://www.alliance-natural-health.org/ " http://www.alliance-natural-health.

org/>www.alliance-natural-health.

 

 

>>> >org

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>>> >

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>>> >Good science and good law underpin all of the ANH's work, and the

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>>> >scientific reports produced by the ANH are endorsed by many of the

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>>> >world's leading doctors and scientists working in the field of

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>>> >nutrition.

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>>> >

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>>> >2. If the ban on vitamins and minerals is

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>>> >implemented there is much at stake:

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>>> >

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>>> >· Over 5000 products will disappear from

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>>> >the shelves of UK health stores as a result of the ban removing

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>>> >access to over 300 vitamin and mineral ingredients (out of a total of

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>>> >about 420). These include, amongst others, the main natural forms of

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>>> >Vitamin E, several forms of vitamin C, the key natural form of folic

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>>> >acid, MSM and a range of minerals such as vanadium, silicon and

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>>> >boron, all being products which millions of consumers choose to take

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>>> >as part of their regular health regime and have done so without any

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>>> >ill effects for many years.

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>>> >

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>>> >· An individual's freedom of choice to

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>>> >take safe natural health products will be removed - 40% of the UK's

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>>> >population take vitamins and minerals.

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>>> >

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>>> >· Products are to be banned with

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>>> >absolutely no scientific justification. Many of the world's leading

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>>> >scientific and medical experts in nutrition support the absence of

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>>> >any proper basis for the proposed bans.

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>>> >

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>>> >· Although the proposed bans related

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>>> >only to vitamins and minerals, unless overturned, the 'Positive list'

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>>> >system will most likely be transferred to other nutrients used in

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>>> >food supplements, such as plant extracts, amino acids and enzymes.

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>>> >The precedent set by an ANH victory will drastically reduce the

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>>> >chance of future bans on these other nutrient forms.

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>>> >

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>>> >· Further legislative proposals by the

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>>> >EU are due to be considered by the European Parliament later this and

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>>> >next year. These include restrictions on maximum dosages of vitamins

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>>> >and minerals and restrictions on health claims of foods. Again, the

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>>> >ANH is working to help positively shape such legislation using its

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>>> >mantra of 'good science and good law'.

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>>> >

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>>> >In health,

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>>> >

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>>> >Robert Verkerk PhD

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>>> >Executive Director, ANH

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>>> >

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>>> >David Hinde, Solicitor

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>>> >Legal Director, ANH

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>>> >

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>>> >and the rest of the Core Team of the ANH in the UK, Sweden, Ireland

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>>> >and Denmark.

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>>> >

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Sacred Earth

Educational Forum and Networking Resource

for Ethnobotany and Ecotravel

HYPERLINK " http://www.sacredearth.com " http://www.sacredearth.com

 

 

 

 

--

Version: 7.0.308 / Virus Database: 266.9.18 - Release 19.04.2005

 

 

 

 

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