The European Commission has started an investigation into whether the Irish Medicine's Board's decision to make the St John's wort herbal extract a prescription-only drug represents a breach of EU trade regulations, an Irish MEP claimed yesterday.
Ms Nuala Ahern said the European Commissioner for the Internal Market, Mr Frederick Bolkstein, was seeking further information on the IMB decision. If he decides the ruling is a restriction on fair trade, infringement proceedings will begin.
The prescription-only requirement on the herb, an alternative treatment for mild and moderate depression, is due to come into effect on January 1st.
"The Commissioner has stated quite categorically that if he finds the IMB decision is a restriction on trade he will move fast to commence infringement proceedings against Ireland," she said. "I think it should not come to that.
"The Minister for Health has a role in this and he should revoke the decision, which is not only unjust, but is unworkable."
Ms Ahern was confident that Mr Bolkstein would find against the Government, noting that the over-the-counter sale of St John's wort was available in all other EU states.
News of the EU investigation came yesterday as campaigners against the IMB decision delivered a petition to Leinster House, calling for the Minister for Health and Children, Mr Cowen, to reverse the decision. It was signed by over 65,000 people.
Green TD Mr Trevor Sargent said the Government was examining the Austrian system of a dual regulatory authority. "I think the Department was quite unprepared for the public outrage and is on the back foot," he said.
The IMB recommended the product should require a prescription amid concerns about its potential side-effects, if taken with sympsthomimetics, which include cough mixtures, anti-depressants or foods containing tryamine, such as red wine or cheese. Ms Ahern described the concerns as nonsensical and insulting.
Yesterday's petition delivery was assisted by the actor, Mick Lally, who said it was ironic that the pharmaceutical industry, which for years had scoffed at users and dispensers of alternative medicines, now wanted them made prescription-only.
Fine Gael's spokeswoman on environmental protection, Ms Deirdre Clune, said her party was also concerned at the IMB decision and had requested a meeting with the board.