12 July, 2005  17:23 GMT
 A European court has rulted that only food supplement ingredients approved by the European Food Safety Authority will be authorized for sale, rejecting the strenuous arguments of opponents of the restrictions.
The European Union's high court upheld proposed restrictions on the sale of food supplements on Tuesday despite objections from trade organizations that claimed the rules would ban popular vitamin pills. The European Court of Justice said the EU law was "appropriate for securing
the free movement of food supplements and ensuring the protection of human
health."
The law setting up a "positive list" of food supplements approved for sale
across the 25-nation EU is due to take effect Aug. 1. Food supplements excluded
from the list will be prohibited.
'Misguided and Unfounded Attack'
Trade groups, led by the Alliance for Natural Health, had lobbied to overturn
the legislation, claiming it would ban thousands of vitamin and mineral
supplements. Alliance for Natural Health is a Europe-wide association of
manufacturers, distributors and consumers.
However, the European Consumer's Organization welcomed the court ruling.
"We are pleased that the court rejected the misguided and unfounded attack by
vested interests on the validity of the directive," said Jim Murray, director of
the organization which represents 40 consumer groups in 28 European nations.
The European Commission, which drafted the law, said products submitted for
approval before Tuesday would be allowed to stay on the market until at least
2009, unless the European Food Safety Authority rules them unsafe.
"It is not our aim to take products of the shelves," said Philip Tod, EU
spokesman for health and consumer protection. "It is our aim to make sure these
products are safe."
Protection of Public Health
EU governments and the European Parliament approved the directive in 2002.
The EU said the rules were needed for consumer protection and to provide common
rules that would allow companies to sell supplements across the EU.
"This is a directive designed to open the internal market and boost growth
while ensuring a high level of protection of public health," said EU Health
Commissioner Markos Kyprianou.
Under the rules, only food supplement ingredients approved by the European
Food Safety Authority will be authorized for sale.
The campaign to overturn the regulation has been particularly vocal in
Britain, where the Alliance for Natural Health and other groups mounted a legal
challenge.
Britain's High Court referred the case to the European Court of Justice.
Campaigners were encouraged in April when the court's advocate general said the
rules were disproportionate and violated some basic legal principles.
Full Risk Assessment
However the full court said, "certain restrictions can be justified by the
protection of public health." Its statement added that the judges, "considered
the measures in question to be necessary and appropriate for the purpose of
achieving that objective."
The court did insist that procedures for rejecting a product from the
approved list must be "consistent with the principles of sound administration
and legal certainty."
It said a product should be refused only "on the basis of a full risk
assessment, established on the basis of the most reliable scientific data."

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