Health foods may be spared ban
6 Apr 05
Advocate General considers EU directive illegal for lack of clarity
The vitamin and food supplement industry is cheering a ruling by an advocate general at the European Court that could save many of their products from a legal ban.
Leendert Geelhoed, in a preliminary opinion, stated that the EU Health Foods Directive, due to come into force in August, is illegal for breaching the principles of "legal protection, legal certainty and sound administration".
His advice to the court relates to an action brought by UK industry associations, who have waged a campaign against the law which they say would put out of business small firms which have supplied safe health foods for years.
Under the directive, only vitamins and minerals on an approved list could be used in supplements. Manufacturers would have to submit evidence that their ingredients were safe.
Mr Geelhoed did not find the legislation illegal in principle, but ruled that the directive lacked clear rules for the Commission to follow when deciding whether a product should be allowed on the list.
In most but not all cases the advocate general's opinion is followed by the European Court when it gives its ruling.