CODEX Update

The Natural Solutions Foundation has been invited to appear before a Codex Office Public Hearing on CODEX ALIMENTARIUS set for June 9, 2005 at the USDA in Washington.

On June 1, 2005, the Natural Solution Foundation submitted a Citizen"s Petition demanding the U.S. CODEX Office (U.S. Department of Agriculture) follow US law and change its policies to limit support for international Dietary Supplement harmonization (and any other international harmonization) only as it conforms to United States law.

The issue is particularly pressing since the Vitamin and Mineral Standard, set to be ratified by the CODEX ALIMENTARIUS Commission (CAC) this summer, allows ultra low nutrient doses but forbids supplements at therapeutic dosages world-wide. This stands in direct contradiction to the Dietary Supplement Health Education Act (DSHEA) of 1994 which guarantees Americans access to supplements as foods: unlimited and unrestricted. The Citizen's Petition, which others may join, refers to US Policy in general and to the direction given to the U.S. CODEX Delegation when it attends the 28th CAC meeting in Rome next month. Since the CAC meeting is scheduled for July 4-9, 2006, The Natural Solutions Foundation has requested that US policy conforming to US law be adopted on an emergency basis, prior to the CAC meeting in Rome.

Other destructive provisions of the CAC have been criticized by the Natural Solutions Foundation and other health freedom activists since CODEX will effectively end natural health options in the US and globally. The Petition is posted on the Internet at http://www.healthfreedomusa.org/action/petition.shtml .

The Codex Alimentarius Commission is the U.N. trade agency that determines international food and nutrient regulations "from farm to fork". Its highly restrictive and anti-health proposals are likely to cause great harm in the US and globally if implemented.

U.S. District Court Judge Tena Campbell stated in the Ephedra Decision last month (Nutraceutical Corporation and Solaray, Inc. v. Lester Crawford, Acting Commissioner, U.S. Food and Drug Administration, Case No. 2:04CV409 TC, USDC, Utah Central Division),
"The legislative history of the DSHEA indicates that Congress generally intended to harmonize the treatment of dietary supplements with that of foods when it added the dietary supplement subsection..."

The Natural Solutions Foundation, along with groups like Citizens For Health, believes that CODEX's restrictive vitamin and mineral guidelines should be replaced by a standard like the U.S. Dietary Supplement Health Education Act (DSHEA). DSHEA is protective and open, whereas CODEX is harmful and restrictive, and is a food-based standard. DSHEA, passed unanimously by the U.S. Congress in 1994, recognizes and protects the value of individuals and individual biological individuality in making personal nutritional and health choices while CODEX explicitly prohibits those values being served or protected since only restricted types of ultra-low dose nutrients will be permitted under the proposed CODEX guidelines while all others will be forbidden, either with or without a doctor"s prescription.

The culmination of 50 years of U.S. legislation and litigation has refined the supplement policy of the United States to ensure that individual choice and personal desire play a key role in ensuring private and public health. The CODEX guideline totally subordinates individual choice and need to scientifically flawed, inaccurate and unsupported so-called "professional expertise". The DSHEA, on the other hand, balances professionals, science and people.

Dr. Rima Laibow, MD, Medical Director of the Natural Solutions Foundation, noting that harmonization with standards that violate US law is illegal, stated, "We are urging the U.S. CODEX Office to adopt as the policy of the U.S. CODEX Delegation support only for international harmonization that conforms to United States law and practice," referring to 19 USC 3512, "United States law to prevail in conflict - No provision of any of the Uruguay Round Agreements, nor the application of any such provision to any person or circumstance, that is inconsistent with any law of the United States shall have effect."

Dr. Laibow continued, "We appreciated the short-notice opportunity the Codex Office is offering the Natural Solutions Foundation to present our concerns at the US CODEX Office Public Hearing on CODEX. We trust that the United States Government will consider our position - which is the position of the Court, the Congress and the health conscious people of the US - that Dietary Supplements are Foods, not Drugs, when it alters its policy and directs its Delegates to defend US law before the CODEX ALIEMNTARIUS Commission and all other international bodies."

The Public and the Media are invited to attend the Public Hearing and learn about this important issue. The Hearing is from 1 to 4 PM in Room 107A, Jamie Whitten Bldg. - 1400 Independence Ave. SW, Washington, DC. The Natural Solutions Foundation website is: http://www.HealthFreedomUSA.org . The Codex Office web site is: http://www.fsis.usda.gov/regulations_&_policies/CODEX_Alimentarius/index.asp .