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EU health foods crackdown 'wrong'

 

An estimated 10m Britons take vitamin supplements

A plan to tighten rules on the sale of vitamins and food supplements

should be scrapped, a European judge says.

European Court of Justice Advocate General Leendert Geelhoed said the

EU health foods directive infringed guidelines in his opinion.

 

But he said he was not opposed to the legislation in principle -

opening the way for officials to redraw it.

 

The court has to make a final decision on the rules, which critics

say will ban thousands of health foods.

 

Judges do not have to agree with the advocate general, although in

the majority of cases they do.

 

The Food Supplements Directive, approved by EU governments in 2002,

is designed to tighten controls on the growing market in products

sold under the health food heading - natural remedies, vitamin

supplements and mineral plant extracts.

 

I am confident we are in a position where we're close to winning

the battle to scrap this controversial measure

 

Chris Grayling

 

Under the new rules, only vitamins and minerals on an approved list

can be used in supplements. There will also be restrictions on the

upper limits of vitamin doses.

 

The case was brought by industry groups the British Health Food

Manufacturers Association (HFMA), National Association of Health

Stores (NAHS) and Alliance for Natural Health (ANH) ahead of the law

change in August.

 

The industry had argued the legislation threatened 5,000 products,

containing more than 200 nutrients, including some vitamin C

products.

 

'Encouraging'

 

UK companies were supported by the Conservative Party and actress

Jenny Seagrove, star of the TV mini-series Woman of Substance.

 

Andrew Lockley, head of public law at Irwin Mitchell and legal

adviser to the HFMA and NAHS, said the advocate general's decision

was encouraging.

 

" What the advocate general was saying was that the law was

disproportionate and unfair.

 

" It is good news for British consumers and companies, and hopefully

the final ruling will reflect what he has said. "

 

ANH executive director Dr Robert Verkerk said: " All that we are

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. "

 

And Shadow Health Minister Chris Grayling added: " This is not the

final ruling, but I am confident we are in a position where we're

close to winning the battle to scrap this controversial measure,

which would have banned hundreds of vitamins from our shelves. "

 

The advocate general said the directive as it stands infringed the

principles of proportionality, legal protection, legal uncertainty

and sound administration.

 

Philip Tod, a spokesman on health and consumer protection at the

European Commission, said the advocate general's opinion would be

noted, but added no further comment could be made until the final

ruling.

 

The court is expected to reach a final decision by July.

 

The legal action was initially started in the UK courts, and last

year the High Court ruled it could be referred to the European Court

of Justice.

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WTO and Codex are going beyond the original purpose. Personally, between that and the Terminator seeds and GMO, we are saving all our own seeds now and setting up a network to trade herbs that we can't grow here.

 

Lynda

 

-

heartwerk

Tuesday, April 05, 2005 5:32 AM

From the BBC website - Supplements

EU health foods crackdown 'wrong' An estimated 10m Britons take vitamin supplements A plan to tighten rules on the sale of vitamins and food supplements should be scrapped, a European judge says. European Court of Justice Advocate General Leendert Geelhoed said the EU health foods directive infringed guidelines in his opinion. But he said he was not opposed to the legislation in principle - opening the way for officials to redraw it. The court has to make a final decision on the rules, which critics say will ban thousands of health foods. Judges do not have to agree with the advocate general, although in the majority of cases they do. The Food Supplements Directive, approved by EU governments in 2002, is designed to tighten controls on the growing market in products sold under the health food heading - natural remedies, vitamin supplements and mineral plant extracts. I am confident we are in a position where we're close to winning the battle to scrap this controversial measure Chris Grayling Under the new rules, only vitamins and minerals on an approved list can be used in supplements. There will also be restrictions on the upper limits of vitamin doses. The case was brought by industry groups the British Health Food Manufacturers Association (HFMA), National Association of Health Stores (NAHS) and Alliance for Natural Health (ANH) ahead of the law change in August. The industry had argued the legislation threatened 5,000 products, containing more than 200 nutrients, including some vitamin C products. 'Encouraging' UK companies were supported by the Conservative Party and actress Jenny Seagrove, star of the TV mini-series Woman of Substance. Andrew Lockley, head of public law at Irwin Mitchell and legal adviser to the HFMA and NAHS, said the advocate general's decision was encouraging. "What the advocate general was saying was that the law was disproportionate and unfair. "It is good news for British consumers and companies, and hopefully the final ruling will reflect what he has said." ANH executive director Dr Robert Verkerk said: "All that we are 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." And Shadow Health Minister Chris Grayling added: "This is not the final ruling, but I am confident we are in a position where we're close to winning the battle to scrap this controversial measure, which would have banned hundreds of vitamins from our shelves." The advocate general said the directive as it stands infringed the principles of proportionality, legal protection, legal uncertainty and sound administration. Philip Tod, a spokesman on health and consumer protection at the European Commission, said the advocate general's opinion would be noted, but added no further comment could be made until the final ruling. The court is expected to reach a final decision by July. The legal action was initially started in the UK courts, and last year the High Court ruled it could be referred to the European Court of Justice. To send an email to -

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they are pushing laws to make that illegal here in the colonies....

if certain folks have their way, saving and trading of seed stocks will be illegal

they are using a variety of approaches and reasonings...agricultural diseases, destruction of native plants, etc, but..the main goal is to lock up all seed stock

whee fun Lynda Apr 5, 2005 9:33 AM Re: From the BBC website - Supplements

 

WTO and Codex are going beyond the original purpose. Personally, between that and the Terminator seeds and GMO, we are saving all our own seeds now and setting up a network to trade herbs that we can't grow here.

 

Lynda

 

Kick over the wall 'cause government's to fall

How can you refuse it?

Let fury have the hour, anger can be power

D'you know that you can use it?

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....as in one of the Omen films/books!

 

Jo

 

-

fraggle

Tuesday, April 05, 2005 6:12 PM

Re: From the BBC website - Supplements

 

they are pushing laws to make that illegal here in the colonies....

if certain folks have their way, saving and trading of seed stocks will be illegal

they are using a variety of approaches and reasonings...agricultural diseases, destruction of native plants, etc, but..the main goal is to lock up all seed stock

whee fun Lynda Apr 5, 2005 9:33 AM Re: From the BBC website - Supplements

 

WTO and Codex are going beyond the original purpose. Personally, between that and the Terminator seeds and GMO, we are saving all our own seeds now and setting up a network to trade herbs that we can't grow here.

 

Lynda

To send an email to -

Kick over the wall 'cause government's to fall

How can you refuse it?

Let fury have the hour, anger can be power

D'you know that you can use it?

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