Indep: Judge overrules Brussels ban on vitamins

Judge overrules Brussels ban on vitamins
By Maxine Frith, Social Affairs Correspondent


The Independent
06 April 2005

A controversial EU directive that could ban thousands of popular
vitamin and mineral supplements has been declared illegal by a European
judge.

The judgment is a victory for health food manufacturers and retailers
who appealed to the European Court of Justice to overturn the proposed
law.

The new rules governing vitamins and minerals are due to come into
effect on 1 August and are designed to improve the safety and efficacy
of products sold by the industry, worth millions of pounds. Only named
ingredients with proven scientific benefits have been included on an EU
"positive" list of approved substances that would be allowed in health
supplements.

More than 300 different vitamins and minerals are not on the positive
list, meaning that 5,000 supplements will be banned if the proposals
become law, according to campaigners, who have been led by Carole
Caplin, Cherie Blair's former lifestyle adviser. Popular supplements
that will be outlawed include certain vitamin C brands, some calcium
capsules and copper tablets.

The legal case against the directive was brought by the Alliance for
Natural Health (ANH), a Europe-wide association of more than 300
manufacturers, retailers, consumers and doctors opposed to the
legislation.

The advocate general at the European Court of Justice (ECJ) gave an
advisory opinion that the directive, as it stands, infringes basic EU
principles.

He said that the current proposals lacked clear rules for the European
Commission to follow when deciding whether or not to include an
ingredient on the positive list. The advocate general's opinion that
the directive is "invalid" is not binding, and the full ECJ will rule
on the case in July, but the court normally follows his opinion.

More than 20 million people in the UK spend £335m a year on vitamins
and supplements in the belief that they bolster health and well-being.
One in three women and one in four men takes supplements, and
campaigners said the legislation would lead to inferior ingredients
being used because more beneficial ones had been left off the positive
list.

David Hinde, legal director at the ANH, said: "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. We are optimistic the ECJ will adopt the
recommendations of the advocate general."

Under the directive, manufacturers could apply for products to be added
to the "positive" list by submitting scientific evidence about the
benefits of the supplements. But the high cost of producing such
dossiers - up to £250,000 - would have meant that smaller
manufacturers and health stores were most at risk from the new rules.

Sara Novakovic, the owner of Oliver's Wholefood Store in Richmond,
south-west London, welcomed yesterday's ruling. She said: "At last it
is now highly likely that 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."

However, the industry faces a continuing fight against EU legislation
over health supplements and vitamins. The advocate general upheld the
concept of EU legislation on health supplements, saying that the
proposals needed to be reworked rather than scrapped.

Further directives on the maximum doses of vitamins and rules governing
herbal remedies are due to be brought in over the next two years.

SUPPLEMENTS REPRIEVED?

BORON

A mineral found naturally in nuts, raisins and leafy green vegetables,
and included in supplements such as Boots A-Z multivitamins. It is
needed for the absorption of calcium, and deficiency is linked to
osteoarthritis and osteoporosis.

VITAMIN E

An antioxidant that can protect against free radicals associated with
degenerative disease. Naturally occurring versions of the compounds
that make up vitamin E would be banned.

SELENIUM YEAST

Antioxidant that can help boost immune response and improve heart
function, and is linked to sperm function. Certain types are on the
positive list, but yeast form is said to be the most easily absorbed.

IRON

Vital for the production of haemoglobin, the pigment in red blood cells
that transports oxygen around the body. Organic forms of iron that are
easily absorbed by the body would be banned.

CHROMIUM

A mineral that balances blood sugar levels and is widely used by
diabetics to help control their condition. Chromium picolinate
supplement, which is not on the "positive list", is seen by health
professionals as a safe and effective nutritional supplement for people
with insulin resistance and those at risk of diabetes.

CALCIUM

"Bio" forms of calcium that are the most easily absorbed by the body
would be banned. Calcium works with vitamin D and is needed to build
bones and teeth, and can help regulate heartbeat.

POTASSIUM

A diet low in potassium can be a factor in high blood pressure, and
supplements can help with fluid balance, heart rhythm and nerve
impulses. More than 20 forms would be outlawed.

SILICA

All forms would be banned, yet it can help maintain flexible joints,
supple skin and strong nails and hair. Silica levels in the body
deplete with age, and many elderly people take supplements.


http://news.independent.co.uk/uk/health_medical/story.jsp?story=626831

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