ANH eBlast: Should we be preparing for a human rights challenge?

12th March 2010

McCain’s efforts to try to push through a poorly conceived piece of legislation that was set to tie the US natural products industry in knots have been jumped upon by many thousands of US citizens. Above all, US citizens don’t want to see a highly restrictive, European-style regime that prevents them from managing their own health using products of nature. How very sensible of US citizens to object to this potential restriction of fundamental freedoms. Our US arm, ANH-USA, has been at the forefront of the campaign to stop McCain’s bill in its tracks.

The thing is, just like an infectious disease in an ailing body, the problem is not going to go away. It will come back in different guises. There are groups of US senators and congressman, coupled with the bulk of officials in the US’s Food & Drug Administration, who are desperate to knee-cap the US dietary supplement industry that now presents a serious alternative for many people who choose not to be reliant on licensed and patented pharmaceutical drugs.

Back in Europe, the machine that is in the process of developing one of the most restrictive systems for natural health anywhere is gathering pace. Brussels is the nerve centre for the European game plan, and the Lisbon Treaty has now, at least in relation to health and security matters, devolved nearly all power away from the Member States, into Brussels. Making matters worse, the rate by which amendments (‘delegated acts’) now fly through the EU rule-making system is truly frightening. Parliamentary scrutiny is minimal and in many cases the sheer barrage of these delegated acts coming through is such that it’s very difficult for our elected representatives (Members of the European Parliament) to keep up.

Our executive and scientific director, Robert Verkerk, speaking of this process following his return last week from a lobbying excursion in Brussels, said, “It’s akin to spearing fish in a fast moving stream. It’s easy for MEPs to miss key acts coming through this side door. These acts are likely to contain the detail that does particular damage to particular sectors, while seemingly innocuous framework directives and regulations come through the main door and go through the full co-decision process with the Member States and Parliament. This side door of delegated acts, given extra impetus by the Lisbon Treaty, is the thing that worries us most. We need to work very closely with the Parliament to stay on top of the process and help MEPs revoke acts that are not in their citizens interest.”

It seems clear this is how the EU will try to pass draconian measures to limit maximum dosages of vitamins and minerals. The ANH has critiqued in peer review this process and found that the methods being contemplated are deeply irrational scientifically.  In meetings last week with the European Commission, Dr Verkerk was told that the Commission cannot indicate when it plans to publish its proposals, blaming the delays on the appointment of the new Commissioner for DG SANCO, Mr John Dalli.  Only the Parliament can now stand in the way of the process and at ANH we want to make sure we don’t miss the fish in the stream.

The EU’s plans on health claims are under massive attack. The reason? The key European institution evaluating health claims has now published its second tranche of claims, and the vast majority are negative. This is a disaster for health education. When the EFSA has completed its evaluations, the approved list of claims will be the only claims of benefits that can be made. And not just on product labels—the Nutrition and Health Claims Regulation affects also the spoken word, at least in commercial contexts.

With so much of what is going on in Europe and further afield, it is the impact of the totality of legislation that can have such a dramatic effect on our lives. Individual laws, in themselves, may not seem too drastic, but when you add together the combined effects of them, particularly once they are all fully in force, the effects are likely to dig deep into the core of our fundamental rights and freedoms.

At ANH, we are already investigating the potential for legal challenges on human rights grounds.

We need to be prepared, as there is much to be defended. 

See some more recent ANH news stories below: 

ANH taking action today on the EU strategy on cancer

How much can the democratic process in Europe yield over the 'cancer establishment'?

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Traditional herbal medicines in the EU: an update

The ANH answers some questions posed by the American Botanical Council

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Update on Senator McCain's plans to 'Europeanise' US supplement laws

Massive objection to McCain's proposal spearheaded by ANH-USA

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UK homeopathy groups unite as hundreds lobby MPs at Westminster

Huge confidence in homeopathy’s effectiveness shown at ‘H:MC21’ event, in wake of calls to ban it from NHS

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