UK industry has challenged the Food Supplements Directive 2002/46/EC before the European Court of Justice (ECJ).
On Friday 30th January 2004, the UK Health Food Manufacturers Association, together with the UK National Association of Health Stores, and with support from UK Consumers for Health Choice and the Alliance for Natural Health [1], won a legal ruling from the High Court in London that allowed them to take a challenge to the legality and proportionality of the Food Supplements Directive to the ECJ in Luxembourg.
The European Commission wants to tighten up the rules on food supplements from August 2005. Under the new rules, only vitamins and minerals on an approved list, the so-called "Positive List", can be used in supplements. There will also be restrictions on the upper limits of vitamin doses.
The governments of UK, Greece and Portugal, together with the EU Commission, Council and Parliament have all made submissions to the ECJ in opposition to the British manufacturer’s and retailer’s case.
The verdict is judged largely on written evidence and should be delivered a few months after the Hearing, which will take place from Tuesday, 25th January 2005 to Monday, 31st January 2005. The judgement is expected to be delivered before the judicial summer vacation (August).
In this regard, the industry has announced to be monitoring the process to ensure that judgement is delivered before the "Positive Lists" come into effect from 1st August 2005.
