Re: One victory over the Pharma Cartel



P

Peter Moran

Guest
"Peter Moran" <[email protected]> wrote in message news:...
> "john" <[email protected]> wrote in message
> news:[email protected]...
> > "IAHF LIST: Today in London I witnessed a historic victory over the

Pharma
> > Cartel, and would like to thank those of you who so generously donated

to
> > ANH's legal campaign. "

>
> Why is this a victory over the Pharma cartel? Ilena, what do you see as
> the difference between those who manufacture and sell supplements, and

those
> who manufacture and sell supplements? Very often they are one and the
> same.
>
> Peter Moran


OK, work it out and answer the question I intended. An amazingly apt
slip of the keyboard.

Peter Moran

>
> >
> > "We still have some way to go to pay legal bills to date, so please

> continue
> > to give whatever you can to pay the best legal team in Europe which was
> > there for you today and are still owed fees. Donations can be made via
> > http://www.alliance-natural-health.org "
> >
> >
> > -----Original Message-----
> > From: IAHF.COM [mailto:[email protected]]
> > Sent: Saturday, January 31, 2004 12:56 AM
> > To: [email protected]
> > Subject: ANH OBTAINS REFERENCE TO EUROPEAN COURT OF JUSTICE ON FOOD
> > SUPPLEMENTS BAN
> >
> >
> > IAHF WEBMASTER: Breaking News, Whats New, All Countries, What to Do
> >
> > IAHF LIST: Today in London I witnessed a historic victory over the

Pharma
> > Cartel, and would like to thank those of you who so generously donated

to
> > ANH's legal campaign.
> >
> > We can now apply for interim relief to stop the directive, pending the
> > hearing we will now be getting in the European Court of Justice at a

> later,
> > as yet undetermined date.
> >
> > ANH's attorney Conor Quigley QC delivered a flawless argument to which

we
> > could see the Judge nodding his assent, which gave us all a real feeling

> of
> > hope going into the lunch break. The real hub of the case was the
> > recognition that the directive produced by the European Commission went

> much
> > further than it needed to to achieve what it set out to do, which was
> > harmonize products across Europe.
> >
> > (In other words, the ban of around 5000 products containing vitamins and
> > minerals in the UK alone, could well be illegal- not to mention the

> blockade
> > on products being exported from the United States.) What ANH now will be
> > doing is proving in the EU Court of Justice that the Directive is

invalid
> > because its illegally brought in the bans on the back of a harmonizing
> > directive.
> >
> > The result if ANH wins at the next stage will be that any country in the

> EU
> > can continue using products that go beyond the restrictions imposed by

the
> > positive list. So places like the UK, Holland, Sweden and Ireland can

> remain
> > safe havens for innovative products.
> >
> > The fascinating thing is that people in Denmark, Germany, France, Spain

> and
> > Italy, all of which have highly restrictive regimes, are now getting

> behind
> > ANH because they value access to innovative products and nutritional
> > therapies.
> >
> > We may have had a victory today, but this is the beginning of a long

road,
> > and its going to be won by consumers around the world taking control of
> > these issues by getting behind such organizations as IAHF, ANH, Mayday,

La
> > Leva di Archimede, National Health Federation, and others which are
> > untainted by Pharma Influence.
> >
> > We still have some way to go to pay legal bills to date, so please

> continue
> > to give whatever you can to pay the best legal team in Europe which was
> > there for you today and are still owed fees. Donations can be made via
> > http://www.alliance-natural-health.org
> >
> > See press release below- I'll be in the UK for another few days, and

will
> > provide additional information shortly, including photos which I'll be
> > uploading to the IAHF website.
> >
> > John Hammell, reporting live from the UK
> >

>
> --------------------------------------------------------------------------
> --
> > -----------------------
> > ANH OBTAINS REFERENCE
> > TO EUROPEAN COURT OF JUSTICE
> > ON FOOD SUPPLEMENTS BAN
> >
> > The landmark cases brought by the Alliance for Natural Health and two UK
> > industry Associations have been successful both in getting permission

for
> > Judicial Review and obtaining a reference to the European Court of

Justice
> > in their challenge to the legality of the Food Supplements Directive ban

> on
> > nutrients.
> >
> > Mr Justice Richards today gave judgment and emphasised that the

reference
> to
> > the European Court should be made without delay.
> >
> > This is a test case on the proper scope of the legislative powers of the
> > Community Legislator over member states and has far reaching

implications
> > for health and consumer and business freedom of choice.
> >
> > The industry and complimentary health organisations around Europe are
> > hopeful that the European Court of Justice will give its ruling prior to

> the
> > imposition of the ban which comes into on 1 August 2005, on up to 270

> forms
> > of vitamins and minerals that are currently available in food

supplements
> > sold in markets such as the UK, Sweden, Ireland and The Netherlands.
> >
> > CONTACT DETAILS for further information:
> > Dr Robert Verkerk
> > Executive Director
> > Tel: 01252 371 275 (general enquiries)
> > Tel: 0771 484 7225 (direct)
> > E-mail: [email protected]
> >
> > David Hinde, Solicitor
> > Legal Director
> > Tel: 07958 548 186 (direct)
> > E-mail: [email protected]
> >
> > ANH LANDMARK LEGAL CHALLENGE TO
> > EU FOOD SUPPLEMENTS BAN
> >
> > Dame Judi Dench, Dame Joan Plowright and Bianca Jagger are among

thousands
> > of consumers all over Europe supporting the Alliance for Natural Health
> > ("ANH") in its application for Judicial Review of the Food Supplements
> > Directive, which is to be heard in the High Court on Friday 30 January.
> > Unless challenged successfully, the Directive will ban, from 2005,

> thousands
> > of safe products which have been available for years.
> >
> > ANH Executive Director, Dr Robert Verkerk, says: "People have had

enough -
> > this Directive is supposed to be promoting trade in food supplements in

> the
> > EU but actually has the reverse effect. It will prohibit from sale many

of
> > the more advanced, safe supplements currently available in the UK,

Sweden,
>
> > Ireland and Holland, forcing these countries to comply with a much more
> > restrictive regime more typical of the existing regimes in countries

like
> > Germany and France. The governments of these countries are openly

hostile
> to
> > advanced food supplements. We go to court next Friday to commence a test
> > case to address this anomaly with a goal of obtaining a legal regime

which
> > befits the 21st Century. We want to ensure that the Directive supports

the
> > role of nutrition at the heart of healthcare policy.
> >
> > We readily endorse the notion of reasonable and proportionate

legislation
> > for natural products. But moves to ban around 300 of the 420 or so

vitamin
> > and mineral forms currently on the market must be resisted, particularly
> > when this will prevent the sale of some of the most beneficial food
> > supplements that have a long and unblemished track record of safety."
> >
> > The ANH is supported by consumers, practitioners, and manufacturers and
> > retailers of innovative food supplements, across 43 countries. Over 80%

of
> > funds raised to-date for the challenge have come from the end-users of

> these
> > innovative food supplements, who are greatly concerned that the

Directive
> > will deprive them of access to advanced, bioavailable and effective

> products
> > of their choice.
> >
> > David Hinde, Solicitor and Legal Director of the ANH adds: "We have

lined
> up
> > a legal team of the highest calibre with barristers from Brick Court
> > Chambers and solicitors at the Simkins Partnership. ANH's challenge is

> based
> > on EU constitutional law grounds. We say that the ban on food

supplements
> > imposed by the Directive is quite unnecessary in order to facilitate the
> > internal market and thus goes beyond the legal powers of the Community
> > legislator.
> >
> > This case may well prove to be a landmark decision on the interface

> between
> > EU legislative powers, the sovereignty of Member States and the

protection
> > of individual and companies' rights. We support appropriate legislation

> but
> > the Directive in its present form is unworkable and will have a

> catastrophic
> > effect on the emerging market for advanced high potency and effective

food
> > supplements."
> >
> > Erica Murray of the Irish Association of Health Stores who has worked
> > closely with ANH gathering commercial data from Ireland, comments: "This
> > Directive needs to be modified if it's going to deal fairly with the
> > thousands of smaller businesses involved with innovative natural health
> > products across Europe. Otherwise it will give a huge competitive

> advantage
> > to the big companies, which dominate mass-market sales of lower potency
> > vitamin and mineral supplements from supermarkets and pharmacies. We

have
> > lodged voluminous evidence from the UK, Sweden, Ireland and Italy to

show
> > that the Directive - if unchallenged - will have dire consequences for
> > hundreds of smaller businesses in the UK and other parts of Europe."
> >
> > Ms Murray adds: "We are pleased to see that other associations have now

> also
> > seen the light. In particular, we welcome the decision of the UK trade
> > associations - the National Association of Health Stores and the Health

> Food
> > Manufacturers Association - to mount a parallel challenge. We hope

Europe
> > gets the message that people want their advanced supplements. More and

> more
> > people are choosing natural products and this freedom of choice should

not
> > be denied."
> > ---end.
> >
> > BACKGROUND INFORMATION
> >
> >
> > Micronutritient deficiencies in the 'typical diet'
> > Although many health authorities continue to claim that it is possible

to
> > obtain all the nutrients required in a "balanced and varied diet,"

there
> is
> > a rapidly growing body of scientific evidence that demonstrates that

large
> > groups of people do not meet the minimum nutritional requirements
> > established through reference intakes, let alone those needed for

optimum
> > health. Micronutritional status has been shown to be particularly

> inadequate
> > for particular groups such as the young, elderly, vegans or patients

with
> > malabsorption. ,
> > Many factors contribute to reduced micronutrient intake.
> >
> > These include inadequate consumption of fresh fruit and vegetables,
> > increased consumption of processed foods, poor dietary choices, lower

food
> > intake caused by less active lifestyles and inappropriate cooking

methods.
> > Furthermore, intensive training regimes, stress, smoking and exposure to
> > environmental chemicals places additional demands on the body and

> increases
> > the requirement for particular micronutrients. For example, that a

smoker
> > needs to consume 4 times the RDA of Vitamin C in order to have the same
> > plasma level of Vitamin C as a non-smoker.
> >
> > National nutrition surveys undertaken in the UK have shown that that

large
> > minorities are not reaching their dietary targets for Reference Nutrient
> > Intakes (RNIs). , , In the case of the elderly, inadequate intake of
> > vitamin D, magnesium, Vitamin K and copper have been of particular

> concern.9
> >
> >
> > In a major UK survey of dietary habits of 4 to 18 year-olds, it has

been
> > shown that the most commonly consumed foods are white bread, savoury

> snacks,
> > chips, biscuits, potatoes and chocolate confectionery. Additionally, it

> was
> > found that boys eat, by weight, nearly four times as many biscuits than
> > leafy green vegetables, while girls eat, by weight, more than four times

> as
> > much sweets and chocolate than leafy green vegetables.
> >
> > The same survey also revealed that 91% of girls aged 4-6 years failed to
> > reach the RNI for zinc (a key mineral required for the immune system);

> while
> > 97 % of girls aged 15 to 18 years did not reach the RNI for magnesium,

73%
> > did not reach the RNI for zinc, and 53 % did not reach the RNI (200 ìg)

> for
> > folic acid, despite recent studies that demonstrate that intakes well

over
> > 400 ìg are likely to be required to minimise risk of neural tube

defects.
> >
> > The case for supplementation
> > There has been a rapid recent expansion of the body of scientific

evidence
> > in peer-reviewed journals which demonstrates that use of food

supplements
> > can improve overall nutritional status and key bio-markers for health as
> > well as reduce risk of chronic diseases.11
> >
> > However, many of the large scale clinical studies carried out to

> investigate
> > the effects of nutrient supplementation have involved single or limited
> > numbers of nutrients, often at suboptimal doses. Such studies are likely

> to
> > underestimate the benefits of supplementation, given that many nutrients
> > function synergistically.
> >
> > A major review of studies on the relationships between vitamin intake

and
> > various diseases published between 1966 and 2002 demonstrated that
> > suboptimal levels of vitamin intake are associated with increased risk

of
> > contracting a variety of chronic diseases, including cancer, heart

disease
> > and osteoporosis. The authors of this study concluded that many

> physicians
> > may be unaware of common food sources of vitamins or may be unsure which
> > vitamins they should recommend for their patients and given the current
> > status of scientific knowledge it may be prudent for most adults to
> > supplement their diet with a daily multivitamin.11
> >
> > A study which followed 11,178 people between the ages of 67 and 105 over

> the
> > period 1984 - 1993 concluded that the overall risk of death was reduced

by
> > 42% for those who took higher dose supplements of vitamins C and E.
> >
> > It was demonstrated conclusively following a randomised double-blind
> > prevention trial across 7 countries that women who took supplements
> > containing 400 ìg folic acid reduced the risk of having babies with

neural
> > tube defects such as spina bifida by some 72%.
> >
> > In a very large study of 88,756 women from the Nurses' Health Study who

> were
> > free of cancer in 1980 and provided updated assessments of diet,

including
> > multivitamin supplement use, from 1980 to 1994, were followed through

for
> > colon cancer. It was found that long term use (over 15 years use), but

not
> > short-term use (less than 4 years use) of multivitamins containing folic
> > acid markedly reduced (ca. 5-fold) the frequency of colon cancer.
> >
> > In a further epidemiological study involving 87,245 female nurses, it

was
> > found, after adjustment for age and smoking, that long-term Vitamin E
> > supplementation alone was associated with a 9% reduction in heart

disease.
> > Vitamin C (1000 mg /day) and E (800 IU /day) supplements have been shown

> to
> > significantly reduce the development of arteriosclerosis.
> >
> > In a clinical intervention study (CHAOS) of 2002 coronary patients by
> > Cambridge University scientists, supplementation of up to 800 IU vitamin

E
> > (in the á-tocopherol form) per day for over two years was associated

with
> > reductions in the frequencies of heart attacks by as much as 75%.
> >
> > It has been shown that long-term micronutritional deficiencies cause

> damage
> > to DNA much in the same way as radiation and such oxidative stress is

> likely
> > to contribute to the development of cancer.
> > For Health Freedom,
> > John C. Hammell, President
> > International Advocates for Health Freedom
> > 556 Boundary Bay Road
> > Point Roberts, WA 98281-8702 USA
> > http://www.iahf.com
> > [email protected]
> > 800-333-2553 N.America
> > 360-945-0352 World

>
>