FDA & World Trade Organization Severely Limiting Access
to Nutritional Supplements
By Jonathan V. Wright, M.D.
http://educate-yourself.org/cn/WTOand CODEX14oct04.shtml
October 14, 2004
You've taken supplements for years. You're out of vitamins
C and E. You go to your natural food store, but you can't find the kind
you want on the shelf. You ask a clerk to find them for you. She says you
can't get your vitamin E as mixed tocopherols (the best natural form) anymore,
and asks if you like your vitamin C in the 100- or 200-milligram size. The
1,000-milligram size, you say.
"Where have you been?" she asks. "Asleep since
2004? Its 2007 now! The types and sizes of vitamins you just asked for have
been declared illegal by the Dispute Settlement Body of the World Trade
Organization!"
"Wait!" you reply. "This is America! Our president
says we're fighting for American freedom -- and you're telling me that the
World Trade Organization can dictate what size vitamin C I can take, and
forbid me from taking mixed tocopherols?" The sales clerk sighs, and
reaches for a piece of paper. "It's a little complicated," she
says. "A few years back, the European Commission passed the European
Food Supplements Directive ... "
You feel your blood pressure rising. "What do the European
Commission and its directive have to do with me? If Europeans want bureaucrats
to tell them what to do, that's their business. I'm a free citizen of these
United States!"
"Now, now, dear, your blood pressure will go up, and
you can't get calcium citrate, magnesium aspartame, CoQ10 or L-arginine
or anything else natural to help regulate it anymore."
"What? This goes beyond the FDA's wildest dreams!"
"That's not a 10th of it, dear. While you were distracted
by the war overseas for American freedom, here at home we lost our right
to buy any amino acids at all. No arginine, no carnitine, no tryptophan,
nothing. I can't sell you any essential fatty acids either. No DHA or EPA.
And no beta-carotene, no mixed carotenoids, no MSM, no boron ... The list
goes on and on."
"So what can I buy?" you ask. "Let's see ...
those 100- and 200-milligram vitamin Cs. Vitamin B6 maximum 4.2 milligrams,
vitamin B1, 2.4 milligrams. Oh, here's a better one: You can get niacin
at 32 milligrams."
"Enough! I'm getting sick! How did this ever happen in
these United States?"
"As I was saying, the European Directive ...."
"I heard you. But what about America's Congress, America's
President?"
"Oh, they signed us up for this in the 1990s, when they
made us members of the World Trade Organization. According to the Congressional
Research Service: 'As a member of the World Trade Organization, the United
States does commit to act in accordance with the rules of the multilateral
body. The United States is legally obligated to ensure national laws do
not conflict with World Trade Organization rules.'"
"Our President and Congress send troops overseas to fight
for freedom, but let the WTO tell us what to do with our vitamins? There
must be something we can do."
"Actually, we did have a chance or two to reverse this
in 2004, but it's going to be incredibly difficult now."
"But I really need my mixed tocopherols vitamin E. And
my mother with congestive heart failure depends on CoQ10."
"I'm not unsympathetic, especially to your poor mother,
dear." She looks all around, then lowers her voice. "I can give
you some sources downtown." She whispers a few names. "But those
people deal dangerous drugs! Now they're selling vitamins, too?"
"That's freedom in America in 2007, dear."
Think it can't happen? Think again.
A Nightmare Come True
The FDA's wildest dream -- and our worst nightmare -- is about
to come true. Two years ago, I told you about the passage of the European
Union (EU) Directive on Dietary Supplements. This directive, which is part
of a larger form of legislation called Codex Alimentarius, severely restricts
access to natural health products in Europe. At the time, it probably seemed
a long way off. After all, the law wasn't to go into effect for several
years following the initial passage.
Unfortunately, that several years is up, and the EU Directive
is on track to take full effect in August 2005 -- less than a year from
now -- and by 2007, the scene described above will certainly be a reality
for many, many people.
Obviously, this is devastating news for Europe. But thanks
to some pre-existing international agreements made by the United States,
the EU Directive will be just as devastating for the natural health community
here. The main difference is that while the directive has been big news
in Europe for some time, it's been virtually ignored by U.S. media, which
means that the severe restrictions it calls for will sneak up on most people
and rob us all of our freedom to choose natural alternatives before we even
know what's happening.
That's why I and many of my colleagues in the health publishing
world have done our best to keep you informed of the directive's developments
-- and their consequences for the United States -- over the years.
Simply put, we're down to the wire, and if we don't act immediately,
we will be facing the same fate as Europeans. There are steps you can take
to get the word out and, hopefully, to diffuse this ticking time bomb. But
first, let's take a few minutes and recount some of the specifics included
in the directive so that you know exactly what it is we're fighting against.
5,000 Products Set to Disappear
The EU Directive classifies vitamins and minerals in Europe
as "medical drugs" rather than dietary supplements, which means
that they're subject to government regulation in terms of dosage and availability.
It gets worse: There are many nutrients known to be vital
to optimal health that are not on the government's RDA nutrient list including
chromium picolinate, lysine, and selenium. Under the directive, these types
of supplements are banned from over-the-counter sale. Put simply, it will
be illegal to buy them without a prescription.
The supplements that will be available will be restricted
to multi-vitamins containing no more than 100 percent of the established
RDA amounts, which are usually useless, trivial quantities -- and they'll
be far more expensive than what we have now.
This directive, for all intents and purposes, makes it illegal
for people to keep themselves healthy by supplementing with essential nutrients.
Plus, the directive only allows supplements to be made from
a list of 15 minerals and 13 vitamins. That leaves out at least 40 minerals
important to the human metabolism and forbids the use of the most bio-available
forms of vitamin complexes. In essence, it means that all nutritional supplements
will be virtually the same. The specific combinations might vary, but the
types and amounts of nutrients will be identical, no matter what product
they're formulated into.
So, for instance, a middle-aged woman in Liverpool, England,
who has a dangerously elevated homocysteine level will no longer have the
option of reducing her risk of heart disease with a vitamin B dosage of
her own choosing. If she's currently taking 5 mg of folic acid daily, under
the new directive, she will be legally restricted to a prescription of 1
mg per day.
If she's taking a 100-mg dose of B6, she'll be restricted
to 10 mg. And her pantothenic acid (B5) intake of 500 mg will drop to 200
mg. These maximum dosage levels have been chosen to "protect"
her (so we're told), when, in fact, the protection she needs the most will
be unavailable.
In addition to these essential B vitamins, low maximum dosage
levels have also been set for vitamin C, niacin and vitamin E. But at least
they made it on the list of allowed nutrients.
Approximately 350 supplement ingredients are missing from
the list. If they are not added to the list by June 2005, they will be deemed
illegal throughout the European Union. Supplement manufacturers may submit
"technical dossiers" to support applications for the inclusion
of individual elements or formulations on the so-called "positive list."
But the EU has made this process so expensive and time consuming that many
manufacturers simply can't afford the costs involved.
As a result, around 5,000 safe formulas and nutrients that
has been on the market for decades will soon be banned.
Of course, these regulations were all passed under the guise
of "protecting the public." According to the World Health Organization,
popular alternative medicines are often "misused" and may "harm
patients." They point out that the "incorrect use" of alternative
therapies has caused deaths in wealthy countries where more and more patients
rely on them.
You could also argue that the incorrect use of kitchen knives,
water skis, and even plastic bags have all caused deaths. Not to mention
the use of AMA-sanctioned medical procedures and FDA-approved drugs. The
key phrase here is "incorrect use."
The WHO could do everyone a service by first addressing the
incorrect use of accepted mainstream therapies that have caused far more
widespread death and adverse reactions than natural medicine therapies ever
have or ever will.
Although they are few and far between, there are mistakes
and fatalities associated with alternate therapies, supplements and herbal
remedies. It's always important to keep in mind that many of the compounds
and herbs used in natural medicine treatments are very powerful. They have
risks and potential side effects, which is why I always recommend that you
work closely with skilled natural medicine practitioners whenever you use
these therapies.
But even with their cautions, natural remedies are far, far
safer than prescription drugs, and one reason might be the users themselves.
An article published in the journal Psychologist noted that people who seek
out natural and alternative treatments are generally more health conscious
than non-users, and believe that by making sound lifestyle choices they
can influence their own health.
But not if the EU has anything to say about it.
Where's the "Fight for Freedom" When You Need It?
You'd think that such blatant abuse of power to restrict people's
personal liberty would have our own self-proclaimed freedom-loving government
up in arms (literally). But there's an even darker side to all this, and
it has little -- if anything -- to do with health or looking out for people's
best interests.
Even if the American government didn't want to go along with
the regulations imposed by the EU Directive, we really wouldn't have a choice.
In fact, the United States never has acknowledged or stated any form of
acceptance for the EU Directive. But hard as it is to believe, this "directive"
can actually override U.S. law if it isn't stopped in Europe.
As a member of the World Trade Organization (WTO), the U.S.
will be bound by any finalized standards put forth in the directive.
If we choose to ignore the regulations our WTO-affiliation
binds us to, we would face severe trade sanctions with other WTO countries,
which could potentially cripple part of our economy. And there's no way
that our already anti-natural medicine government is going to let that happen
over access to vitamins and minerals. So the best way to ensure it doesn't
get to that point is to do everything we can to stop it now -- before it
happens.
Protect Your Rights with These Three Steps
There are three actions to take. The most urgent is to support
a case brought by the British Alliance for Natural Health to overturn the
European Food Supplements Directive. In January 2004, the alliance's attorneys
(a firm which has successfully had another European Directive overturned)
won the first round in the High Court of Justice in London. The appeal was
referred to the European Court of Justice.
(Please visit the alliance's Web site, read about their case
and, most importantly, make a donation to support their efforts to protect
everyone's supplements, including yours. Even a few dollars will help. A
few dollars from each of us will add up. If we can help them overturn this
food supplement dictatorship in Europe, it won't ever come here.)
The second action I urge you to take is to write, call and
e-mail your state's senators and congressmen. Tell your senators to oppose
S.722, the Dietary Supplement Safety Act, and tell your congressmen to oppose
H.R. 3377, the Dietary Supplement Access and Awareness Act. These two bills
put the wheels in motion for restrictions similar to those outlined in the
EU Directive to become U.S. law, which would be even more threatening to
us than just an international code of standards.
These extremely dangerous and misnamed proposals would allow
the FDA to "roll back" most of the small amount of health care
freedom you and I regained with the 1994 "DSHEA" law we all fought
so hard for. Even if we're successful in helping the Alliance for Natural
Health defeat the European Food Supplements Directive, if these bills are
passed into law, our supplement choices will shrink dramatically anyway.
The final step to take is to tell your U.S. senators and congressmen
to support U.S. Rep. Ron Paul's H.R. 1146, the American Sovereignty Restoration
Act. This accurately named (for once) legislation would make the Constitution
of the United States the supreme law of the land again, and restore law-making
and judging power to our elected representatives and American courts, respectively.
Please don't leave this off your list. In the long run, it's the most important
action of the three.
Please make a donation of any size to the Alliance for Natural
Health as soon as you can. Then, please write, call, fax, and e-mail your
U.S. Senators and Representatives as often as you can, telling them to oppose
S. 722 and H.R. 3377, and to support American freedom by voting for H.R.
1146.
For further information on the European Union Directive on
Dietary Supplements and on the Codex Alimentarius legislation, contact the
American Holistic Health Association (www.ahha.org), the Alliance for Natural
Health (www.alliance-natural-health.org), or the International Advocates
for Health Freedom (www.iahf.com).
Don't wake up next August to find your supplements gone for
good. Join me in taking action now, and recruit everyone you can to join
the battle. While our troops are fighting for your freedom and mine overseas,
you and I can literally fight for American freedom right here at home.
Dr. Jonathan Wright
Dr. Jonathan Wright is the Medical Director and founder of
the Tahoma Clinic in Renton, Wash., where he also practices medicine. A
Harvard University (A.B. 1965) and University of Michigan graduate (M.D.
1969), Dr. Wright has taught natural biochemical medical treatments since
1983 to thousands of physicians in the U.S., Europe, and Japan. In 1973,
Dr. Wright founded the Tahoma Clinic, which focuses on disease prevention
and treatment by natural biochemical and bioenergetic means.
Forward courtesy of Anthony White <eatsmart2@si.rr.com>
All information posted on this web site is
the opinion of the author and is provided for educational purposes only.
It is not to be construed as medical advice. Only a licensed medical doctor
can legally offer medical advice in the United States. Consult the healer
of your choice for medical care and advice.