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2005/07/20, 09:06 PM
Breaking News
July 15, 2005 – Trade Agreement No Threat to Dietary Supplements CAFTA Passes Senate, Face Consideration in House
On June 30, 2005, the United States Senate passed S. 1307, which would implement the Central America-Dominican Republic-United States Free Trade Agreement, commonly referred to as “CAFTA.” The U.S. House of Representatives is currently considering a CAFTA implementation bill, which could be voted upon at any time. As a result of this bill progressing through the legislative process, dietary supplement users are concerned that passage of CAFTA would force the United States to conform its laws to the international guidelines for vitamin and mineral food supplements recently adopted by the Codex Alimentarius Commission (Codex).
Consistent with NNFA’s previous positions in regard to international trade agreements and Codex, sales of dietary supplements in the United States will not be affected by passage of CAFTA or the recent adoption of vitamin and mineral food supplements guidelines by Codex. The key reasons are:
The Dietary Supplement Health and Education Act of 1994 (DSHEA) is the law that governs the use of these products in the United States. Section 102 of the CAFTA implementing legislation in both the House and Senate specifically states that no provision in CAFTA that is inconsistent with U.S. law will have effect. It further states that nothing in the implementation of this legislation will “amend or modify” or “limit any authority” of existing U.S. law.
The 1997 Food and Drug Administration Modernization Act (FDAMA), which serves as the framework for how the United States will “harmonize” its food and drug laws with international trade agreements, contains an explicit exemption for dietary supplements. Indeed, the Congressional Research Service states that FDAMA’s passage ensured that dietary supplements “are not part of on-going trade discussions.”
There is nothing in Section 6 of CAFTA that indicates that the United States would be required to change its laws with respect to sanitary or phytosanitary (SPS) measures. Rather, CAFTA’s SPS chapter indicates that those participating in the agreement “affirm their existing rights and obligations with respect to each other.” The Bush Administration’s Statement of Administrative Action regarding CAFTA further confirms that no “statutory or administrative changes will be required” to implement the SPS chapter of the agreement.
Codex guidelines on vitamin and mineral food supplements do not independently bind the United States and would not affect U.S. law concerning food supplements. As stated in a Congressional Service Report, “Codex guidelines are not binding on any nation, unless the guidelines are incorporated into the laws of that nation.”
Therefore, regardless of whether CAFTA is eventually passed or what guidelines are issued at Codex, DSHEA will continue to govern the sale of dietary supplements in the United States.
For a fact sheet on CAFTA and Codex, visit NNFA’s Codex, click here.
July 12, 2005 – European Court Deems EU Supplement Directive Valid; U.S. Supplement Sales Not Threatened
A European court ruled today that the E.U. Food Supplements Directive was valid and will continue its progress toward implementation. The ruling comes three months after a statement from the E.U.’s advocate general that the directive should be considered invalid because it infringed basic community law. The Alliance for Natural Health (ANH), a UK-based organization that promotes natural healthcare and an opponent of the directive, reported, however, that the ruling had a “silver lining.” According to the group’s press release, the verdict appeared to have “very significant and positive details" that may benefit "the millions who use vitamin and mineral supplements…” Regardless of the ruling, consumer access to dietary supplements in the United States is not in danger. Domestically, dietary supplements are protected by U.S. law, the Dietary Supplement Health and Education Act, which will continue to govern sales here. NNFA is preparing a detailed analysis of the ruling, particularly regarding export of U.S. product to EU countries. In the meantime for more information, click on "FAQs about the EU Food Supplement Directive" on the left.
July 5, 2005 – Codex Guidelines: Adopted, But No Threat to U.S. Supplement Sales
In Rome yesterday the Codex Alimentarius Commission adopted guidelines for vitamin and mineral supplements after years of debate in committee. For those countries that choose to adopt them, these guidelines will establish maximum levels of vitamins and minerals based on safety evaluation through risk assessment rather than on RDIs (recommended dietary intake). Although NNFA has opposed maximum upper limits on vitamins and minerals, the association agrees that in the event such guidelines are issued, they be based on sound science. But regardless of the adoption of the guidelines, consumer access to dietary supplements in the United States is not in danger. Domestically, dietary supplements are protected by U.S. law, the Dietary Supplement Health and Education Act, which will continue to govern sales here. Dietary supplements have additional protections under the law, which are detailed in a recently added report from the Congressional Research Service.
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