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LE Magazine July 2003

Europe Threatening To Ban Dietary Supplements International Assistance Needed To Stop Draconian EU Vitamin Laws
By John C. Hammell, President International Advocates for Health Freedom http://www.iahf.com
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 Poster for the Health Freedom Movement
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Currently under consideration in Europe is legislation that
will severely limit a consumer’s right to choose and use supplements.
This restrictive legislation is the first major step towards the adoption
of global standards for the regulation of dietary supplements, as is
being worked on at the UN’s Codex Alimentarius Commission. Since
the U.S. is part of this process and is a member of the World Trade
Organization, the U.S. could be forced to harmonize its vitamin laws
with these new, highly restrictive international standards.
In an effort to stop this punitive legislation, the Alliance for Natural
Health (ANH), an organization based in England, is planning to file
an emergency lawsuit on behalf of consumers, vitamin companies and health
food stores to overturn the European Union (EU) Food Supplements Directive,
which became law on June 10, 2002. The Food Supplements Directive (FDS),
currently concerns itself only with vitamins and minerals. However,
by the year 2007 the European Union (EU) will be obliged to provide
detailed proposals to expand the law to cover all other types of nutrients.
Eventually this will force vitamin companies to reformulate their most
important supplements. Although the 13 key vitamins would be permitted,
the Directive excludes the most bioavailable forms of vitamin complexes.
For example, The Food Supplement Directive bans any chelated or other
organically complexed mineral forms such as selenomethionine. Additionally,
it will only allow the alpha-tocopherols of Vitamin E but excludes the
complete tocopherol range as found in nature (including the gamma-tocopherols),
which are far more effective as antioxidants than the simpler alpha-tocopherol
group. Research has proven that many vitamins and minerals are most
bioavailable when in the forms found in nature. Unless the current Directive
is overturned, many Life Extension products will be banned, and the
Foundation will be forced to either cease selling particular products
in Europe or will be forced to reformulate their scientifically-balanced
products.
Replacing them would be vitamins that are less bio-available, potentially
more toxic and better suited to the pharmaceutical industry affiliated
supplement companies. In other cases, entire minerals such as boron,
sulphur and vandadium would have to be removed as they would not be
allowed under the new EU law. If this law is not overturned in July
2003 then it will become the national law of all European Union member
states including England, Ireland, Netherlands and Sweden, which currently
have liberal vitamin laws similar to those of the United States. Along
with the Food Supplements Directive, is the additional threat of the
Traditional Herbal Medicinal Products Directive which would impose medicinal
law on herbs and other so-called borderline supplements. Both of these
Directives would severely limit any chance for individuals to oversee
their heath as they so choose.
TAKING IT TO THE STREETS
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Veteran health freedom advocate Clinton Ray Miller (left) and Bonnie Miller advise ANH Attorney David Hinde on defending vitamin access world wide. |
On June 15th, the UK-based Health Freedom Movement (HFM) (http://www.healthfreedommovement.com),
a consortium of more than 700 health freedom organizations, will be
holding a street march and health freedom rally in central London in
opposition to England harmonizing their vitamin law to the Food Supplements
Directive. The march will go from Hyde Park to Trafalgar Square. Lynne
McTaggart of HFM told me in an interview that she hopes to carry a message
to the government and to the EU that the FSD is totally unacceptable.
She also hopes to generate donations for the Alliance for Natural Health,
a non-profit organization seeking ways to change, reshape or revoke
laws affecting dietary supplement consumers, practitioners and manufacturers
in Europe. As publisher of What Doctors Don’t Tell You (http://www.wddty.co.co.uk),
the UK’s leading alternative medical newsletter, McTaggart, who
is in constant contact with alternative practitioners, supplement manufacturers
and consumers, is painfully aware of what is at stake with this pending
legislation. She wants American vitamin companies and consumers to be
aware that, “will we, along with future generations be deprived
of access to the most innovative dietary supplements currently on the
market including many of the Life Extension Foundation’s products?
Will the Foundation be forced to reformulate Life Extension Mix by removing
all the most bio-available, effective and natural-state nutrients? Will
the Foundation be blocked from selling life-saving products due to future
harmonization to a grossly restrictive international standard? We stand
at a crossroad—the fate of this global industry is literally in
all of our hands right now. We sink, or swim, together. This is the
battle for The Dietary Supplement Health and Education Act (DSHEA) all
over again, but this time on a world stage.” We can be negatively
impacted here via the mechanisms of globalization unless we actively
assist our international allies. Those who think DSHEA posed the ultimate
bulwark against the Pharma Cartel are sadly mistaken.
| Summary of key European legislation affecting dietary supplements |
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Food
Supplements Directive (FSD) |
Pharmaceuticals
Directive (PD) |
Traditional
Herbal Medicinal Products Directive (THMPD) |
Status |
Passed into EU law
10 June 2002 |
First Reading 23
October 2002 |
First Reading 21
November 2002 |
Impact |
Limits
ingredients (nutrient sources) and maximum dosages.
Framework structure; only applies to vitamins and minerals
at present, will cover other nutrients in future. Full
impact will not be felt until 2005 - 2009. Is likely
to omit 285 nutrient sources that are currently used
in Europe. Improved prospects for trade between European
countries.
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All dietary
supplements that are not controlled under FSD will be
controlled under PD. A drugs regime would therefore
apply and this would not be affordable for many non-pharmaceutical-owned
supplement manufacturers. |
A derogation
of PD which allows fast-track legislation for eligible
herbal products. The number of products caught will
ultimately depend on PD definition of a medicine. Allows
for improved labelling and quality control of medicinal
herbs. |
Potential
for improvements to Directive |
Can affect
implementation in EU member states through national
authorities.
Can influence maximum permitted levels of nutrients.
Consider challenging entire legality of directive. |
Can alter
the definition of a medicine, as well as scope of directive,
to ensure that most dietary supplements cannot fall
under PD.
Can positively exclude non-medicinal food supplements,
herbs and cosmetics. |
First
Reading amendments allow for combinations of herbs and
nutrients, but make ineligible herbs that have less
than 10 years use in EU.
Can promote amendments for Second Reading which allow
traditional (e.g. 30-year) use from outside the EU with
evidence from a competent authority. |
Summary
of ANH achievements in 2002 |
Mounted
Brussels and UK-based campaign which helped to almost
block FSD's passage through Second (final) Reading in
EU Parliament. |
Lobbied
to ensure tabling of critical amendments on definition
of a medicine, scope of directive and exclusions. All
amendments successfully voted for at First Reading. |
Lobbied
to help ensure major amendments were supported. Key
amendment on non-EU traditional use was lost in pre-First
Reading vote but successfully re-tabled by European
Liberal Democrats at First Reading plenary. Although
it again failed, it can be re-tabled at Second Reading. |
Source: Alliance for Natural Health Newsletter, March 2003. |
Recently I spoke at the Vitality Vitamin Trade Show in England before a group
of alternative medical practitioners and consumers who form the backbone
of the growing European health freedom movement. My concern is that
these latest directives threaten to force the creation of a draconian
vitamin standard at the UN’s Codex Alimentarius Commission. What
is especially troubling is that due to America’s membership in
the Word Trade Organizatoin, the United States could be forced to harmonize
its vitamin laws to this emerging restrictive international standard.
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