Food Supplements Directive Deemed Invalid


There was tremendous news in April 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 minerals.

There was tremendous news in April 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 Lt to the contentious Food Supplements Directive, which effectively proposed to ban 75% of vitamin and minerals. Advocate General Geelhoed, the senior adviser to the European Courts of Justice gave his opinion in favour of the Alliance's case.

This means there is a greater chance of consumers being able to continue to use natural food supplements which they believe to be beneficial to their health. There has been an uproar about the proposed EU ban and it would seem the consumer may come out on top in what is a remarkable modern day case of David and Goliath.

It should be stressed that the Advocate General's pronouncement is not a ruling. That will come from the ECJ judges later in the summer. However, typically, in the vast majority of cases, the Court Judgment follows the recommendations of the Advocate General. If his recommendations are adopted the ban on vitamin and mineral forms not included on the EU's 'Positive List' will be declared illegal. The ban was due to come into effect on 1 August 2005. In essence, the positive list of allowable nutrient forms may be deemed too narrow, too restrictive and based on flawed science.

This would avoid the irrational situation that the Food Supplements Directive would otherwise create. For example, synthetically produced selenium would be allowed on the positive list whereas the natural source found in Brazil nuts would not; synthetic forms of Vitamin E would be allowed while natural, most beneficial food forms would not.

The Alliance for Natural Health 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.

Contact:Alliance for Natural Health
Dr Robert Verkerk, Executive Director Tel: (00 44) (0)1252 371 275
David C Hinde, Solicitor, Legal Director Tel: (00 44) (0)20 7738 1640

(Source: Positive News)

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