SupplementsOpportunities for consumers to use many of the natural food supplements they believe are beneficial to their health are now greatly increased, following a statement from the EU that the EU Food Supplements Directive (FSD) is invalid under EU law.
The Advocate General, Leendert Geelhoed, senior adviser of the European Court of Justice, declared the FSD invalid last week in response to a legal challenge brought to the European Court of Justice in January by the Alliance for Natural Health (ANH) and the English food supplements company, Nutri-Link Ltd.
The ANH contended that the "positive list" of vitamin and mineral forms proposed under the FSD was too narrow, too restrictive and based on flawed science. For example synthetically produced selenium would have been allowed on the positive list yet the natural source found in Brazil nuts would not.
"This is a very significant opinion in a landmark case. What we want to see in the EU is the FSD doing the job for which it was created," said David C. Hinde, solicitor and ANH legal director. Richard Burton, nutritional therapist and director of the Irish Institute of Nutrition and Health, said: "This is very encouraging news. If the ban came into force, the tool box of the nutritional therapist would be severely limited."
The full ruling from the European Court of Justice judges is expected in June.
