The ruling is seen as a victory for manufacturers and retailers that appealed to the European Court of Justice.
The new EU rule would have come into effect August 1. Designed to improve the safety and efficacy of products sold by the industry, the rules would have required products to contain only ingredients with proven scientific benefits that appeared on an EU “positive” list of approved substances. The advocate general at the Court said that the EU directive, as it stands, would violate basic EU principles. This opinion that the directive is “invalid” is not binding; however, the court normally follows the advocate general’s findings.
The challenge was brought by the Alliance for Natural Health, a European group of more than 300 manufacturers, retailers, consumers and doctors that were opposed to the directive. More than 300 different vitamins and minerals are not on the positive list, and ANH said that 5ꯠ supplements would have been banned under the directive, including certain vitamin C brands, some calcium capsules and copper tablets.
The industry’s victory wasn’t complete. The advocate general not only upheld the concept of EU rulings on health supplements, it also indicated that the directive needed to be reworked, rather than be scrapped. —Arnie Orloski
