Vitamin & Mineral Ban "As Transparent as a Black Box"

The Alliance for Natural Health … presented its oral submission to the European Court of Justice in Luxembourg, in its landmark case challenging the ban in the EU Food Supplements Directive on 75% of vitamin and mineral forms currently sold in the EU market.

Opposing oral submissions were made by the European Commission, the Council of Ministers, the European Parliament and only one EU Member State, Greece.

UK Government decides not to attend court hearing to make its objections to the challenge

Interestingly, neither the UK government nor Portugal attended to present oral arguments, despite having filed Written Observations in the case.  This means that none of the major EU countries felt the need to oppose the ANH's application for a declaration that the ban in the Directive was unlawful.

David Hinde, Solicitor and ANH Legal Director, said:

Given the vigour with which the UK government resisted this application at the Judicial Review stage, it was extraordinary it did not now think the issue sufficiently important to warrant being represented at the ECJ to make oral submissions.  The question inevitably arises whether this signifies a change of attitude on their part and a retreat from their previously bullish position about the legality of the Directive.

One of the world's leading experts on EU law, Paul Lasok QC, representing the ANH, opened the proceedings and systematically undermined the legal and scientific basis of the Directive, highlighting contradictions between various arguments put forward by the key bodies involved in developing the Directive, namely the European Commission, the Council of Ministers and the European Parliament.

When asked by Judge Lenaerts as to the origin of the positive list which appeared to have been derived from an old list produced by the European Commission, and so omitted a vast array of nutrients that can normally be found in food, Mr Lasok responded:

The list was put together without adding, without subtracting and without thinking.

Advocate General Geelhoed, the senior judge at today's hearing, appeared to be baffled by the procedure for adding nutrients to the positive list, which he described:

As transparent as a black box.

Dr Robert Verkerk, executive director of the ANH said after the hearing:

It was remarkable that the vast majority of points that we had gone to great length to show the Court were not countered in any effective way by the opposing parties.  The Commission, the Council and the Parliament were not able to give any adequate scientific explanations for why so many forms of vitamins and minerals that naturally occur in foods could be banned across the EU.

Final judgement expected in June 2005

The Advocate General announced that he would deliver his opinion on April 5, 2005, while the Court is expected to give its judgment in June, shortly before the ban would otherwise be set to come into effect on August 1, 2005.

Notes for editors:

1. The Alliance for Natural Health is a Europe-wide association of manufacturers, distributors, retailers, consumers and complimentary practitioners who have an interest in food supplements.  More information, including details of members, will be found at www.alliance-natural-health.org.

   Good science and good law underpin all of the ANH's work, and the scientific reports produced by the ANH are endorsed by many of the world's leading doctors and scientists working in the field of nutrition.

2. If the ban on vitamins and minerals is implemented there is much at stake:

   • Over 5,000 products will disappear from the shelves of UK health stores as a result of the ban, removing access to over 300 vitamin and mineral ingredients (out of a total of 420).  These include, among others, the main natural forms of Vitamin E, many forms of vitamin C and MSM, and minerals such as vanadium, silicon and boron, all being products which millions of consumers choose to take as part of their regular health regime, and have done so for many years without any ill effects.
   • An individual's freedom of choice to take safe natural health products will be removed — 40% of the UK's population take vitamins and minerals.
   • Products are to be banned with absolutely no scientific justification.  Many of the world's leading scientific and medical experts in nutrition support this assertion.

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The beginning, not the end, of the struggle

This was a great hearing in the European Union Court of Justice.  The Alliance for Natural Health's lead lawyer, Paul Lasok QC, performed flawlessly, and there was barely a challenge from the other side.

However, this should not be taken as a victory, or as a time to relax with the feeling that our health freedom is secured.  This is really just the beginning — rather than the end — of the road.  There is a huge amount yet to do, including helping US & European citizens to appreciate that their ability to chose natural products to manage their health is still under enormous threat.

This landmark case brought by ANH is designed to set a framework for ingredients which can be used in natural products.  We must wait until June before the court will make its final ruling, and we can't speculate before this time, for obvious reasons.

The control of maximum dosages has now been handed over to the UN, and in months ahead, this will be the key battleground.

Update on the Status of Legal Challenge

The decision rendered by the European Court of Justice in June 2005 was viewed differently by different parties.  (Details can be found at the ANH website.)  In brief, the Court's decision left open the possibility of drastically-reduced access to dietary supplements, but it also changed the process of proof concerning them.  The ANH is now working to present a truly scientific basis for establishing "safe upper limits" on dietary supplements and is challenging other UK laws in the courts.

Please visit the ANH website for details and to make your contributions to health freedom world-wide.