EUROPEAN COURT OF JUSTICE ADVOCATE GENERAL DESCRIBES VITAMIN AND MINERAL BAN AS

[Guest guest]

Dear Christine,

 

PRESS RELEASE

For immediate release 25 January 2005

 

EUROPEAN COURT OF JUSTICE ADVOCATE GENERAL DESCRIBES VITAMIN AND

MINERAL BAN " AS TRANSPARENT AS A BLACK BOX "

UK GOVERNMENT DECIDES NOT TO ATTEND COURT HEARING TO MAKE ITS

OBJECTIONS TO THE CHALLENGE

The Alliance for Natural Health today 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 does not present 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. "

Paul Lasok QC, a world leading expert on EU law, 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

5 April 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 1 August 2005.

 

ENDS

 

For enquiries and further information contact:

 

Alliance for Natural Health

www.alliance-natural-health.org

 

David C. Hinde, Solicitor, Legal Director

Tel: 0207 738 1640

Mobile: 07958 548 186

E-mail: davidh

 

Dr Robert Verkerk, Executive Director

Tel: 01252 371 275

Mobile: 0771 484 7225

E-mail: robv

 

IKON Associates

(PR for the Alliance for Natural Health)

 

Adrian Shaw

Tel: 01483 535102

Mobile: 0797 9900733

E-mail: adrian

 

Notes for editors:

 

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.

 

If the ban on vitamins and minerals is implemented there is much at

stake:

 

Over 5000 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

amongst 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 without any ill

effects for many years.

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.

To , please go to www.alliance-natural-

health.org/index.cfm?action=unsub

 

 

The HTML graphics in this message have been displayed. [Edit

Preferences - What's This?]

 

DeleteReplyForwardNot SpamMove...