Guest guest Posted April 21, 2005 Report Share Posted April 21, 2005 PRESS RELEASE >>> > >> >> >>> >For immediate release >> >> >>> > >> >> >>> >5 April 2005 >> >> >>> > >> >> >>> >ADVOCATE GENERAL FINDS FOOD SUPPLEMENTS DIRECTIVE INVALID UNDER EU >> >> >>> >LAW >> >> >>> > >> >> >>> >ALLIANCE FOR NATURAL HEALTH SET TO WIN ITS LANDMARK CHALLENGE TO THE >> >> >>> >EU FOOD SUPPLEMENTS DIRECTIVE >> >> >>> > >> >> >>> >There was tremendous news today for the millions of people in Europe >> >> >>> >who choose to use food supplements. Following a landmark challenge in >> >> >>> >the European Courts of Justice (ECJ) brought by the Alliance for >> >> >>> >Natural Health and Nutri-Link Ltd to the contentious Food Supplements >> >> >>> >Directive, which effectively proposed to ban 75% of vitamin and >> >> >>> >mineral forms, Advocate General Geelhoed, the senior adviser to the >> >> >>> >ECJ, gave his Opinion in favour of the Alliance's case. >> >> >>> > >> >> >>> >What does this mean? That the chances of consumers being able to >> >> >>> >continue using the natural food supplements they believe are >> >> >>> >beneficial to their health are now greatly increased. There has been >> >> >>> >uproar about the proposed EU ban, and maybe, against the odds, the >> >> >>> >consumer is going to come out on top in what is a remarkable modern >> >> >>> >day case of David and Goliath. >> >> >>> > >> >> >>> >In a statement released in Luxembourg today at 0830 GMT, the Advocate >> >> >>> >General concluded that: >> >> >>> > >> >> >>> >The Food Supplements Directive infringes the principle of >> >> >>> >proportionality because basic principles of Community law, such as >> >> >>> >the requirements of legal protection, of legal certainty and of sound >> >> >>> >administration have not properly been taken into account. >> >> >>> >It is therefore invalid under EU law. >> >> >>> >It should be stressed that the Advocate General's pronouncement is >> >> >>> >not a ruling. That will come from the ECJ judges, later - probably >> >> >>> >around June. But typically, in the vast majority of cases, the Court >> >> >>> >Judgment follows the recommendations of the Advocate General. >> >> >>> > >> >> >>> >If the Advocate General's recommendations are adopted, in effect, the >> >> >>> >ban on vitamin and mineral forms not included on the EU's 'Positive >> >> >>> >list,' due to come into effect on 1 August 2005, will be declared >> >> >>> >illegal. In essence, the positive list of allowable nutrient forms >> >> >>> >will be deemed to be too narrow, too restrictive, and based on flawed >> >> >>> >science. >> >> >>> > >> >> >>> >This would avoid the totally irrational situations that the Food >> >> >>> >Supplements Directive would otherwise create. For example, >> >> >>> >synthetically produced selenium would have been allowed on the >> >> >>> >positive list, while the natural source found in Brazil nuts would >> >> >>> >not; synthetic forms of Vitamin E (often used in 'adverse' >> >> >>> >vitamin studies reported in the media) would be allowed, but the >> >> >>> >natural, most beneficial food forms would not. >> >> >>> > >> >> >>> >An outstanding moment for the Alliance for Natural Health >> >> >>> > >> >> >>> >The Alliance for Natural Health (ANH) is a Europe-wide professional >> >> >>> >organisation dedicated to ensuring that good science and good law are >> >> >>> >applied to regulation affecting the leading edge of natural health. >> >> >>> >If the Advocate General's recommendations are endorsed by the ECJ >> >> >>> >judges, it will represent the culmination of three years dogged >> >> >>> >determination, dedication and hard work on the part of ANH and its >> >> >>> >many supporters around the world. >> >> >>> > >> >> >>> >'It is commendable that the EU Advocate General has seen through the >> >> >>> >flawed science and law of the Food Supplements Directive and reached >> >> >>> >his recommendations today,' said Dr. Robert Verkerk, Executive >> >> >>> >Director of the ANH. 'All that ANH is campaigning and working >> >> >>> >cooperatively for is the right for consumers to have access to safe >> >> >>> >natural healthcare and for legislation to be based on good science >> >> >>> >and good law. This is a great day for the tens of millions of people >> >> >>> >who believe passionately in the benefits of natural, preventative >> >> >>> >healthcare.' >> >> >>> > >> >> >>> >David C. Hinde, Solicitor and ANH Legal Director, added: 'This is a >> >> >>> >very significant Opinion in a landmark case. What we want to see in >> >> >>> >the EU is the Food Supplements Directive doing the job for which it >> >> >>> >was created which is to provide a " safe harbour " for food supplements >> >> >>> >so that they are not classified as drugs, and to promote their >> >> >>> >availability across the EU. >> >> >>> >Advocate General Geelhoed is the most senior Advocate General at the >> >> >>> >ECJ and his considered reasoning vindicates ANH's legal analysis and >> >> >>> >position. We are very optimistic that the Court will adopt his >> >> >>> >recommendations.' >> >> >>> > >> >> >>> >Supporting safe supplements >> >> >>> > >> >> >>> >ANH supports many aspects of the Directive, and firmly endorses the >> >> >>> >banning of ingredients that are patently not safe, stating that >> >> >>> >existing UK and EU food law already provides perfectly effective >> >> >>> >protection from unsafe products getting onto the market. Furthermore, >> >> >>> >ANH says that it is not scientifically rational to classify an >> >> >>> >ingredient as being unsafe without taking dosage levels into account, >> >> >>> >something that was not a condition of being admitted onto the >> >> >>> >positive list. >> >> >>> > >> >> >>> >ANH believes that a far more appropriate system for banning any >> >> >>> >substances that might pose a risk to health would be to produce a >> >> >>> >'Negative list' for ingredients where there was proper evidence of >> >> >>> >lack of safety. The system proposed by the EU was going to ban >> >> >>> >ingredients on the basis that companies did not have the financial >> >> >>> >capacity to meet the high data threshold required for the scientific >> >> >>> >dossiers demanded by EU authorities. In this way, ingredients that >> >> >>> >have been part of the human diet for thousands of years, and which >> >> >>> >are increasingly difficult to derive from conventional foods, would >> >> >>> >be lost, and would not be able to be supplemented. >> >> >>> > >> >> >>> >The future of the leading edge of natural health secured >> >> >>> > >> >> >>> >Drawing its support European-wide from consumers, manufacturers, >> >> >>> >retailers, practitioners and some of the leading experts in >> >> >>> >nutritional medicine, ANH has taken on the Goliath of the European >> >> >>> >Commission and those that support the unscientific and unlawful ban >> >> >>> >in the Food Supplements Directive, to protect the interests of >> >> >>> >everyone concerned with the leading-edge of food supplements and >> >> >>> >natural healthcare. >> >> >>> > >> >> >>> >'None of the major EU countries felt the need to oppose our >> >> >>> >application for a declaration that the ban on vitamins and minerals >> >> >>> >in the Food Supplements Directive was unlawful,' added Anthony >> >> >>> >Haynes, Technical Director of Nutri-Link Ltd., a UK food supplements >> >> >>> >company that brought the legal challenge jointly with ANH. 'It's >> >> >>> >bizarre how this regulation got this far.' >> >> >>> > >> >> >>> >A wide welcome across the industry if the ban is overturned >> >> >>> > >> >> >>> >Greg Watts, Chief Executive of Ultralife, a manufacturer of >> >> >>> >leading-edge food supplements, >> >> >>> >said: 'This is very encouraging news. If the ban came into force we >> >> >>> >would have to reformulate down to simpler, more basic products that >> >> >>> >consumers and practitioners find are less effective.' >> >> >>> > >> >> >>> >Dr Damien Downing, a medical doctor and one of the UK's leading >> >> >>> >practitioners in nutritional medicine, said: 'Practitioners of >> >> >>> >nutritional therapy, and there are thousands of them in the UK, >> >> >>> >largely use leading-edge food supplements. >> >> >>> >If these nutrient forms remain, we can continue to treat our patients >> >> >>> >with meaningful solutions and provide the products that we know are >> >> >>> >so beneficial. A ban would in one fell swoop remove the vital tools >> >> >>> >of practitioners' trade.' >> >> >>> > >> >> >>> >Sara Novakovic, owner of Oliver's Wholefood Store in Richmond, >> >> >>> >Surrey, said: 'At last it is now highly likely we can continue to >> >> >>> >offer the products that our customers ask for and want, rather than >> >> >>> >have to remove them all from the shelves for no good reason and >> >> >>> >supply them with inferior quality alternatives.' >> >> >>> > >> >> >>> >The end of the beginning >> >> >>> > >> >> >>> >This is just the beginning for the Alliance for Natural Health. >> >> >>> >Regulatory and industry pressure through the EU Food Supplements >> >> >>> >Directive was always likely to translate globally, particularly to >> >> >>> >the US, through Codex and the World Health Organisation. Without >> >> >>> >having to justify any health hazard, and without considering any >> >> >>> >benefits, safety has been used as a reason to restrict the >> >> >>> >availability of natural food products. >> >> >>> > >> >> >>> >'Yet food supplements are the safest things that people put into >> >> >>> >their mouths - considerably safer even than conventional foods', said >> >> >>> >Dr Robert Verkerk. 'With rapidly declining vitamin and mineral >> >> >>> >content in fruit vegetables and other foods, and continuing increases >> >> >>> >in degenerative diseases such as heart disease and cancer in the >> >> >>> >West, this has always been a very big issue worth fighting for.' >> >> >>> > >> >> >>> >'Fundamentally, an amended Directive would help to slow down the >> >> >>> >agenda of the Codex Alimentarius Commission to export worldwide an >> >> >>> >onerous, EU-style regime for food supplements.' >> >> >>> > >> >> >>> >David Hinde added. 'The ANH is now going to be working on getting a >> >> >>> >proper procedure in place for the Food Supplements Directive and in >> >> >>> >addition, the next challenges will be on legislation proposing to >> >> >>> >reduce dosages to ineffective levels, and to restrict other nutrient >> >> >>> >forms such as amino acids, enzymes and plant nutrients. Traditional >> >> >>> >herbal remedies are also under threat. In its work, the Alliance for >> >> >>> >Natural Health will continue its thorough, professional approach >> >> >>> >based, as always, on 'good science, good law.' >> >> >>> > >> >> >>> >ENDS >> >> >>> > >> >> >>> >For enquiries and further information contact: >> >> >>> > >> >> >>> >Alliance for Natural Health >> >> >>> ><HYPERLINK >> >> " http://www.alliance-natural-health.org/ " http://www.alliance-natural-health. org/>www.alliance-natural-health. >>> >org >> >> >>> > >> >> >>> >Dr Robert Verkerk, Executive Director >> >> >>> >Tel. +44 (0)1252 371 275 >> >> >>> >E-mail: >> >> >>> ><HYPERLINK >> >> " robv " robv@alliance-natural-health ..org>robv@alliance-natural-health >>> >.org >> >> >>> > >> >> >>> >David C. Hinde, Solicitor, Legal Director >> >> >>> >Tel: +44 (0)20 7738 1640 >> >> >>> >E-mail: >> >> >> > > >><HYPERLINK > > " davidh " davidh@alliance-natural-he alth.org>davidh@alliance-natural-heal >>th.o > > rg >>> > >> >> >>> >IKON Associates >> >> >>> >(PR advisers to the Alliance for Natural Health) >> >> >>> > >> >> >>> >Adrian Shaw >> >> >>> >Tel: +44 (0)1483 535102 >> >> >>> >Mobile: +44 (0)797 990 0733 >> >> >>> >E-mail: >> >> <HYPERLINK " adrian " adrianadrian@ik onassociates.com >>> > >> >> >>> >Paul Donkersley >> >> >>> >Tel: +44 (0)1483 535101 >> >> >>> >Mobile: +44 (0)796 764 6046 >> >> >>> >E-mail: <HYPERLINK >> >> " paul@ikonassociates " paul@ikonassociates>paul@ikonassociates >>> > >> >> >>> >Notes for editors: >> >> >>> > >> >> >>> >1. The Alliance for Natural Health is a >> >> >>> >Europe-wide association of manufacturers, distributors, retailers, >> >> >>> >consumers and complementary practitioners who have an interest in >> >> >>> >food supplements. More information, including details of members, >> >> >>> >will be found at >> >> >>> ><HYPERLINK >> >> " http://www.alliance-natural-health.org/ " http://www.alliance-natural-health. org/>www.alliance-natural-health. >>> >org >> >> >>> > >> >> >>> >Good science and good law underpin all of the ANH's work, and the >> >> >>> >scientific reports produced by the ANH are endorsed by many of the >> >> >>> >world's leading doctors and scientists working in the field of >> >> >>> >nutrition. >> >> >>> > >> >> >>> >2. If the ban on vitamins and minerals is >> >> >>> >implemented there is much at stake: >> >> >>> > >> >> >>> >· Over 5000 products will disappear from >> >> >>> >the shelves of UK health stores as a result of the ban removing >> >> >>> >access to over 300 vitamin and mineral ingredients (out of a total of >> >> >>> >about 420). These include, amongst others, the main natural forms of >> >> >>> >Vitamin E, several forms of vitamin C, the key natural form of folic >> >> >>> >acid, MSM and a range of minerals such as vanadium, silicon and >> >> >>> >boron, all being products which millions of consumers choose to take >> >> >>> >as part of their regular health regime and have done so without any >> >> >>> >ill effects for many years. >> >> >>> > >> >> >>> >· An individual's freedom of choice to >> >> >>> >take safe natural health products will be removed - 40% of the UK's >> >> >>> >population take vitamins and minerals. >> >> >>> > >> >> >>> >· Products are to be banned with >> >> >>> >absolutely no scientific justification. Many of the world's leading >> >> >>> >scientific and medical experts in nutrition support the absence of >> >> >>> >any proper basis for the proposed bans. >> >> >>> > >> >> >>> >· Although the proposed bans related >> >> >>> >only to vitamins and minerals, unless overturned, the 'Positive list' >> >> >>> >system will most likely be transferred to other nutrients used in >> >> >>> >food supplements, such as plant extracts, amino acids and enzymes. >> >> >>> >The precedent set by an ANH victory will drastically reduce the >> >> >>> >chance of future bans on these other nutrient forms. >> >> >>> > >> >> >>> >· Further legislative proposals by the >> >> >>> >EU are due to be considered by the European Parliament later this and >> >> >>> >next year. These include restrictions on maximum dosages of vitamins >> >> >>> >and minerals and restrictions on health claims of foods. Again, the >> >> >>> >ANH is working to help positively shape such legislation using its >> >> >>> >mantra of 'good science and good law'. >> >> >>> > >> >> >>> >In health, >> >> >>> > >> >> >>> >Robert Verkerk PhD >> >> >>> >Executive Director, ANH >> >> >>> > >> >> >>> >David Hinde, Solicitor >> >> >>> >Legal Director, ANH >> >> >>> > >> >> >>> >and the rest of the Core Team of the ANH in the UK, Sweden, Ireland >> >> >>> >and Denmark. >> >> >>> > >> >> 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 Quote Link to comment Share on other sites More sharing options...
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