Summary
Health food rules generated by the European Union controlling the sale of vitamins and other food supplements violate basic EU principles of legal protection, legal certainty, and sound administration, according to an advisory declaration by an Advocate-General at the European Court of Justice.
The opinion is not binding on the European Court, but most such advisory opinions are followed by the Court. The opinion states that the Food Supplements Directive did not have clearly-defined rules and norms to decide whether a product belonged on the list. The food rules are to take effect in August and have been controversial in the United Kingdom.
Original source:
http://www.eveningtimes.co.uk/news/5037352.shtml
Details
Controversial new European laws controlling the sale of vitamins and other food supplements were declared illegal by a judge today.
The health food rules infringe basic EU principles of "legal protection, legal certainty and sound administration", said an Advocate-General at the European Court of Justice.
The interim "opinion" is a victory for the British health food industry's legal challenge to an EU Directive which, say campaigners, will ban thousands of common food supplements and bankrupt many suppliers.
Advocate-General Leendert Geelhoed said the Food Supplements Directive lacked clearly defined rules and norms for the European Commission to follow when deciding whether a product be allowed on the list.
The declaration is merely advisory, but in a majority of European Court cases the judges follow the advice of the Advocate-General.
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Thursday, April 14, 2005
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