PRESS RELEASE: 3 August 2004
FILES BRIEF IN EUROPEAN COURT OF JUSTICE
CHALLENGING EU FOOD SUPPLEMENTS BAN
Yesterday lawyers for the Alliance for Natural Health (
Following successful judicial review proceedings in the UK High Court in January this year,
From 1 August 2005, the FSD will only allow products containing nutrients which are included on a specific “positive list” to be sold in EU countries, despite the fact that many off-list products were previously being sold quite happily in the UK and in a number of other Member States before this ban. The list restricts use to particular types of vitamins and minerals as well as their precise chemical formulation.
For many years the
The positive list favours synthetic vitamin and inorganic mineral ingredients. It omits some 300 sources of vitamins and minerals, many of which are natural in origin and can be found in foods. There is no evidence whatsoever that these natural ingredients are unsafe. Indeed, naturally-sourced nutrients are often more effective as they are more easily absorbed by the human body and occur in association with other nutrients which can be synergistic in their action.
Consequently, those companies which produce vitamins and minerals derived from natural foods will no longer be able to sell a large number of their products. This will affect around 5,000 products and may halve the income of smaller companies. Unless the manufacturer obtains a derogation, products will either have to be removed from sale or be re-formulated to comply with the Directive. The costs of re-formulation (where it is possible, in numerous cases it is not) are estimated to run into millions of pounds.
Without these products consumers will be deprived of access to the most effective supplements of their choice and practitioners will lose many of their most useful sources of key nutrients and many supplier companies will be driven out of business.
David Hinde, Solicitor and
“There is no legal basis for the Directive, as article 95 of the EC Treaty requires it to improve the internal market. In fact it does exactly the reverse. It prevents the use and trade of products containing nutrients that have been lawfully consumed and marketed in the
This is a test case on the proper scope of the legislative powers of the Community Legislator over Member States and has far reaching implications for health as well as freedom of choice.
Other countries like the
Dr Robert Verkerk,
“This court challenge is vital for millions of consumers of advanced food supplements, many of whom have maintained optimal health using nutrition as a central approach. We are hopeful that the Court in
The proposed ban actually works against health policy where nutrition is increasingly seen as a key way forward.
We foresee great interest in this case, especially from the
The Alliance for Natural Health and Nutri-link Ltd are being represented by barristers Paul Lasok QC,
For details of the ECJ case please go to
CONTACT DETAILS for further information:
Solicitor Legal Director Tel: direct line +44 (0) 207 738 1640 e-mail: [email protected] www.alliance-natural-health.org Dr Robert Verkerk Executive Director
Tel: +44 (0) 1252 371 275 (general enquiries) Tel: +44 (0) 771 484 7225 (mobile) E-mail: [email protected]
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