Legislation
EU health food directive termed invalid
6 April 2005
A top European judge has termed as "invalid" a proposed law which in effect banned sale of common vitamins and food supplements in Britain.
The proposed law gave manufacturers time until 12 July 2005 to provide detailed scientific proof that their products are safe for human consumption. Only then will the products be included in what is described as the "positive list" of permitted substances. The law also sought to prescribe limits on the dosage of vitamin products.
Advocate-General Leendert Geelhoedof the European Court of Justice in
Luxembourg in a ruling yesterday said the directive "lacked clearly-defined
rules and norms" and hence it should be annulled. The ruling is,
however, advisory and and a full court is expected to give its final verdict
in about five or six months. The judges need not have to agree with the
advocate-general, although they do so in most cases.
The British health food industry has been revolting against the proposed
ban. It felt that the legislation would cover nearly 5000 common products
in the country.
The directive, approved by European Union governments in 2002, was intended to control the growing health food product market. The products included natural remedies, vitamin supplements and mineral and plant extracts.
Mr Geelhoed clarified that he is not opposed to the rule in principle, suggestive that the European Commission and the governments could redraft it.
The health food industry had argued that the law when implemented would damage many small firms which have a proven record in supplying safe health foods. UK trade bodies, the Health Food Manufacturers Association, the National Association of Health Stores and the Alliance for Natural Health had represented the case in the European court.
It is estimated that one in three women and a quarter of men in Britain take health-food supplements in a market worth at least £335 million a year.
Health foods and nutrients are derived from components such as boron and silicone and organic forms of nutrients like mineral yeasts. The protagonists pointed out that the new rule would create situations where synthetic products such as selenium would be allowed but natural source such as Brazil nuts would be banned.
The legal action had originally started in the UK courts, and in 2004, the High Court ruled it could be referred to the European Court of Justice.
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