Europees Hof bevestigt richtlijn over voedselsupplementen na rechtszaak "health food"-sector (en)

The future of the European health food industry was thrown into uncertainty today (12 July) by a ruling of the European Court of Justice.

EU judges in Luxembourg said the controversial 2002 food supplements directive is valid and turned down complaints by the British health food sector over the new law, which will enter into force on 1 August.

The directive restricts the sales of food supplements and allows only vitamins and minerals on an approved list to be traded.

Some 5,000 products are threatened by the legislation, including more than 200 nutrients, because they are not on the directive's positive list of permitted substances, the British health food industry claimed.

Fearing to be driven out of business, representatives of the sector in the UK had brought the law to court.

Today the court confirmed the validity of the directive in an unexpected turn that contradicts a legal opinion by the advocate general, who concluded on 5 April that the directive was invalid.

The court added that a positive list system must be accompanied by a procedure which allows a given substance to be added to the lists, leaving this task to the European Commission.

The European consumers organisation, BEUC welcomed the decision saying it was a clear victory for European consumers and for the EU's right to regulate on the safety of food products.

But British John Bowis MEP, Conservative health spokesman in the European Parliament, said the decision was a defeat for common sense and a victory for overregulation.

"This is a completely unnecessary restriction on our freedom of choice. The millions of British people who use vitamin and mineral supplements to benefit their health and well being will be angered by the court's decision", he said.

The British Health Food Manufacturers' Association (HFMA) and the National Association of Heath Stores (NAHS) called on UK prime minister Tony Blair to intervene.

David Adams, director of HFMA, said "We're extremely disappointed with today's verdict".

"We call on the prime minister, who currently holds the EU presidency, to deliver now on his stated commitments and go to Brussels to get the legislation rewritten", he stated.

The directive has been disputed from the very start - when debated in the European Parliament in 2001, MEPs received hundreds of protests via e-mail every day.